DFaCS (NSW) re Kim [2013] NSWChC 6

Children's Court New South Wales

Medium Neutral Citation: DFaCS (NSW) re Kim [2013] NSWChC 6 Hearing dates: 11,12,13,14 June & 4,5,6,7 November 2013 Decision date: 07 November 2013 Jurisdiction: Care and protection Before: CM Duncombe Decision: Parental responsibility to the Minister until the child turns 18 Catchwords: Parenting capacity; mental health; domestic violence Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Cases Cited: In the matter of Campbell [2011] NSWSC 761 Briginshaw v Briginshaw [1938] HCA 34 DFaCS (NSW) and the Colt Children [2013] NSW ChC 5 M v M [1988] HCA 68; 166 CLR 69 Saunders and Morgan & Anor v Department of Community Services [2008] CLN 10 Re Maree [2007] CLN 6 Re Anthony [2008] CLN 8 Re Hamilton [2010] CLN 2 14 Category: Principal judgment Parties: Director-General for the Department of Family and Community Services (DFaCS) (NSW) Ms BR (Guardian ad Litem) for the Mother Father Child Representation: Ms M Neville (Director-General) Ms K Rowley (for GAL for the mother) Mr R McLachlan (father) Mr T Hemsley (child) File Number(s): 49/2012 Publication restriction: Pseudonyms have been used in order to anonymise the child and parties

Judgment 1On 4 December 2012 the Director-General commenced proceedings in the Children's court at Wagga Wagga in respect of the child Kim, born 1 March 2009. The father of Kim is GM. The mother of Kim is EM. A Guardian Ad Litem (GAL) was appointed for the mother in or about December 2012. Ms BR appears as the GAL in these proceedings. The Director-General sought orders allocating parental responsibility to the Minister in respect of all matters until Kim turns 18. The father opposes the making of that order and seeks restoration of Kim to his and EM's care. The GAL supports the orders sought by the Director-General.