DFaCS (NSW) and Abbey [2013] NSWChC 3

Children's Court New South Wales

Medium Neutral Citation: DFaCS (NSW) and Abbey [2013] NSWChC 3 Hearing dates: 16 and 18 April at Bidura and 5 June 2013 at Parramatta Decision date: 19 July 2013 Jurisdiction: Care and protection Before: Judge Peter Johnstone, President of the Children's Court of New South Wales Decision: There is no realistic possibility of restoration to the mother or the father. The permanency planning for the child has been appropriately and adequately addressed. 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 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 Director-General of Department of Community Services; Re "Sophie" [2008] NSWCA 250 In the matter of Campbell [2011] NSWSC 761 Johnson v Page [2007] Fam CA 1235 M v M [1988] HCA 68Re Tracey [2011] NSWCA 43 The Department of Community Services v "Rachel Grant", "Tracy Reid", "Sharon Reid and "Frank Reid" [2010] CLN 1 Category: Principal judgment Parties: Department of Family and Community Services (DFaCS) The Mother The Father Representation: Ms Collopy, solicitor (Department) Ms Wells, solicitor (Mother) Mr Braine of counsel (Father) Mr Whelan, solicitor, independent legal representative for the child File Number(s): 2013/252 Publication restriction: Pseudonyms have been used in order to anonymise the child and parties