DFaCS (NSW) and the Colt Children [2013] NSWChC 5

Children's Court New South Wales

Medium Neutral Citation: DFaCS (NSW) and the Colt Children [2013] NSWChC 5 Hearing dates: 5, 6, 7, 9, 12, 13,14, 15, 16, 19 and 21 August 2013 at Parramatta Decision date: 13 September 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 of any of the children. Parental responsibility for each child is allocated to the Minister until the age of 18. Catchwords: CHILDREN - Care and Protection - children in need of care and protection - realistic possibility of restoration - allocation of parental responsibility Legislation Cited: Children and Young Persons (Care and Protection Act) 1998 Evidence Act 1995 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 DFaCS (NSW) re Abbey [2013] NSW ChC3 DFaCS (NSW) re Amanda & Tony [2012] NSWChC 13 DFaCS (NSW) re Oscar [2013] NSW ChC1 Director-General of DFaCS re "Sophie" [2008] NSWCA 250 Epperson v Dampney (1976) 10ALR 227 Hocking v Bell (1945) 71 CLR 430 In the matter of Campbell [2011] NSWSC 761 Johnson v Page [2007] Fam CA 1235 M v M [1988] HCA 68 McFarlane v BillyS; ex parte Nationwide News [2008] NSWDC 16 Re Alistair [2006] NSWSC 411 Re Josie [2004] NSWSC 642 Re Kerry (No 2) [2012] NSWCA 127 Re Louise and Belinda [2009] NSWSC 534 Re Tracey [2011] NSWCA 43 Re M (No 5) - BM v Director-General, DFaCS 253 SB v Parramatta Children's Court [2007] NSWSC 1297 Sudath v Health Care Complaints Commission [2012] NSWCA 171 The Department of Community Services v "Rachel Grant", "Tracy Reid", "Sharon Reid and "Frank Reid" [2010] CLN 1 Category: Principal judgment Parties: Director-General for the Department of Family and Community Services (NSW) - (DFaCS) Rhonda Colt (Mother of Cindy) Betty Colt (Mother of Bobby, Billy, Brian, Dwayne and Carmen) Martha Colt (Mother of Albert, Jed, Karl, Ruth and Nadia) Raylene Colt (Mother of Kimberly) Representation: Mr D Shridhar of counsel with Mr Dalla, solicitor (Director-General) Ms E Lawson of counsel, instructed by Mr Heenan, solicitor (Rhonda Colt) Mr McLachlan, solicitor (Betty Colt) Mr J Tyler-Stott of counsel with Mr Geary, solicitor, Salvos Legal Humanitarian (Martha Colt) Ms Wells, solicitor (Raylene Colt) Mr C Wilson of counsel, instructed by Mr Crampton, solicitor (Bobby, Albert, Billy, Jed, Brian and Karl Colt) Mr M Hogg of counsel, instructed by Ms Flynn, solicitor (Ruth, Carmen, Nadia and Cindy Colt) Mr M Whelan, solicitor (Kimberly Colt) Ms L Coady, solicitor (Dwayne Colt) Ms M Neville of counsel, instructed by Ms A Walsh (Police) File Number(s): 2013/18-29 Publication restriction: Pseudonyms have been used in order to anonymise the children and parties