Community Services (NSW) and the Knoll Children [2014] NSWChC 6

Children's Court New South Wales

Medium Neutral Citation: Community Services (NSW) and the Knoll Children [2014] NSWChC 6 Hearing dates: 5 August 2014 at Ballina and 16 - 17 September 2014 at Parramatta Decision date: 01 October 2014 Jurisdiction: Care and protection Before: Judge Peter Johnstone, President of the Children's Court of New South Wales Decision: Application by paternal grandmother dismissed Catchwords: CHILDREN - Care and Protection - application under s 90 of the Care Act for variation of final Care orders - whether previous orders should be varied so as to make specific orders for contact with the paternal grandmother and aunt under s 86 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 George v Children's Court of NSW [2003] NSWCA 389 In the matter of Helen [2004] CLN 2 Johnson v Page [2007] Fam CA 1235 M v M [1988] HCA 68 Re Felicity (No 3) [2014] NSWCA 226 Re Liam [2005] NSWSC 75 Re Tracey [2011] NSWCA 43 Category: Principal judgment Parties: The Secretary, Department of Family and Community Services (DFaCS) The Children The Paternal Grandmother The Carers Representation: Ms C Delaney, solicitor, for the Secretary Ms S Ryder, solicitor, for the Children Mr G Donaghy, solicitor, for the Paternal Grandmother Mr M Anderson, of counsel, for the Carers File Number(s): 2014/34 - 35 Publication restriction: Pseudonyms have been used in order to anonymise the children and parties