Department of Family and Community Services (NSW) and the Bell-Collins Children [2014] NSWChC 5

Children's Court New South Wales

Medium Neutral Citation: Department of Family and Community Services (NSW) and the Bell-Collins Children [2014] NSWChC 5 Hearing dates: 18 and 19 June 2014 at Woy Woy Decision date: 09 October 2014 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 the children to the parents; placement with the maternal great-grandparents would give rise to unacceptable risk of harm; the permanency planning has been appropriately and adequately addressed; parental responsibility for the children allocated to the Minister until age 18 Catchwords: CHILDREN - Care and Protection - realistic possibility of restoration - permanent placement in out-of-home care - contact - permanency planning - allocation of parental responsibility 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 DFaCS re Oscar [2013] ChC 1 In the matter of Campbell [2011] NSWSC 761 Johnson v Page [2007] Fam CA 1235 M v M [1988] HCA Re: Tracey [2011] NSWCA 43 Category: Principal judgment Parties: Secretary of the Department of Family and Community Services (DFaCS) The Children The Mother and the Father Representation: Mr D Menser, solicitor, for the Secretary Mr D Kennard, solicitor, for the Children Mr D Chapman, solicitor, for the Parents File Number(s): 2013/102 - 103 Publication restriction: Pseudonyms have been used in order to anonymise the children and parties