The Director-General of DFaCS (NSW) and Gail and Grace [2013] NSWChC 4

Children's Court New South Wales

Medium Neutral Citation: The Director-General of DFaCS (NSW) and Gail and Grace [2013] NSWChC 4 Hearing dates: 29 and 30 July 2013 Decision date: 27 August 2013 Jurisdiction: Care and protection Before: Judge Peter Johnstone, President of the Children's Court of New South Wales Decision: Application to vary final care orders allowed Final care orders varied in accordance with the revised permanency planning Catchwords: CHILDREN - Care and Protection - application to vary final care orders - revised permanency planning for children in need of care and protection - competing options for placement - role of the Aboriginal and Torres Strait Islander principles in the determination of the preferable option 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 Johnson v Page [2007] Fam CA 1235 M v M [1988] HCA 68 The Department of Community Services v "Rachel Grant", "Tracy Reid", "Sharon Reid and "Frank Reid" [2010] CLN 1 Re Bethany [2012] NSWChC 4 Category: Principal judgment Parties: The Director-General of the Department of Family and Community Services (DFaCS) The children The mother and father of the children The paternal aunt of the children The paternal grandparents of the children Representation: Mr McLachlan, solicitor (Director-General) The mother was unrepresented and appeared in person Ms Kaberry, solicitor (Father) Mr Kemp, solicitor (Paternal Aunt) Ms White, solicitor (Paternal Grandparents) Mr Munday, solicitor, Independent Legal Representative for the children File Number(s): 2013/322 & 323 Publication restriction: Pseudonyms have been used in order to anonymise the children and parties