TR v The Director General, Department of Family and Community Services [2013] NSWDC 236

District Court New South Wales

Medium Neutral Citation: TR v The Director General, Department of Family and Community Services [2013] NSWDC 236 Hearing dates: 13 and 14 August 2013 Decision date: 15 August 2013 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Appeal granted. (2) Set aside the decision of the Children's Court dated 30 November 2012. (3) Grant leave to the parents under s 90(1) for an application for rescission or variation of the care order dated 25 July 2011. (4) Remit the proceedings to the Children's Court for further hearing. (5) No order as to costs. (6) Note that given the earlier decision of the Children's Court and with the consent of all the parties, it would seem preferable for a different member of the Court to sit on the further hearing. Catchwords: CHILD CARE APPEAL - children, infants or minors - appeal from refusal to grant leave - rescission and variation of care orders - significant change in relevant circumstances - drug use by parents - mental health of parents - domestic violence - parenting skills - injuries to child Legislation Cited: Children and Young Persons (Care and Protection) Act 1998, s 7, s 8, s 9, s 82, s 90, s 91, s 93, s 150 Cases Cited: In the matter of Campbell [2011] NSWSC 761 Re Louise and Belinda [2009] NSWSC 534 Re Tracey (2011) 80 NSWLR 261 Texts Cited: Marien SC P, 'Care proceedings and appeals to the District Court' Paper presented at the Annual Conference of the District Court of New South Wales, 28 April 2011, Judicial Information Research System United Nations Convention on the Rights of the Child (20 November 1989) Category: Principal judgment Parties: TR (father - applicant) DR (mother - applicant) Director-General, Department of Family and Community Services (first defendant) Minister of Family and Community Services (second defendant) T and K (children) Representation: Mr Harris (first and second defendants) Crown Solicitor's Office (first and second defendants) D J Chapman Solicitors (children) Grant & Co Solicitors (maternal grandparents) File Number(s): 2013/13329 Publication restriction: Initials have been used in order to anonymise the children and parties. Decision under appeal Date of Decision: 2012-11-30 00:00:00 Before: Children's Magistrate Hawdon File Number(s): 148-149/2012