DFaCS re Lilly, Wade and Caleb [2012] NSWChC 21

Children's Court New South Wales

Medium Neutral Citation: DFaCS re Lilly, Wade and Caleb [2012] NSWChC 21 Hearing dates: 24/4, 17 & 25/5, 18/6 and 5/10/12 Decision date: 29 November 2012 Jurisdiction: Care and protection Before: Magistrate Keogh Decision: See [90] - [125] Catchwords: CHILDREN - Care and protection - parental responsibility - permanency planning- realistic possibility of restoration - contact Legislation Cited: Children and Young Persons (Care and Protection Act) 1998 Category: Principal judgment Parties: Department of Family and Community Services (DFaCS) CD (Mother) PC (Father) Caleb, Lilly and Wade (Children) Representation: Mr Wilson, solicitor (Department) Ms Williams of counsel (Mother) Mr Nasti, solicitor (Father) Ms Miller, solicitor (Lilly and Wade) Mr Whelan, solicitor (Caleb) Mr Gordon, solicitor instructing Ms Williams File Number(s): 88/2011 & 11/2012 Publication restriction: Pseudonyms have been used in order to anonymise the children and parties

Judgment 1These proceedings are in respect of 3 children Caleb, Lilly and Wade. They are the children of CD and PC. 2CD and PC are no longer together. The children are all separated and none are in the care of either parent. 3The matter first commenced in relation to the two younger children in April 2011, when they were removed from the care of their mother. 4In January 2012 a further application was made in respect of the older sibling, Caleb, when the Director-General sought a supervision order in respect of the mother's care of him. 5Since the commencement of these proceedings the natural mother has formed a new relationship with NM. They reside together and have had a child Sally, who is only a few months old. That child is not the subject of any care proceedings.