Re Madison [2014] NSWSC 1874

Supreme Court New South Wales

Medium Neutral Citation: Re Madison [2014] NSWSC 1874 Hearing dates: 18, 19 and 23 December 2014 Decision date: 24 December 2014 Jurisdiction: Equity Division - Protective List Before: White J Decision: Refer to para [103] of judgment Catchwords: CHILD WELFARE - orders made in the parens patriae jurisdiction for recovery of child to be placed with father and for father to have authority to detain her - proceedings pending in Children's Court - Minister unable to provide secure accommodation - application by Minister to discharge orders and by father to vary orders Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Family Law Act 1975 (Cth) Cases Cited: Re Thomas [2009] NSWSC 217 Re Elizabeth [2007] NSWSC 729 Re Frances and Benny [2005] NSWSC 1207 Marion's case (1992) 175 CLR 218 R v Gyngall [1893] 2 QB 232 DOCS v Y [1999] NSWSC 644 Re Josie [2004] NSWSC 642; (2004) 32 Fam LR 64 Category: Procedural and other rulings Parties: The Father (Plaintiff) Director General, Department of Family and Community Services (1st Defendant) Secretary, Department of Family and Community Services (2nd Defendant) Children's Court of NSW Bidura (3rd Defendant) Madison (4th Defendant) Representation: Counsel: In person (Plaintiff) C McGorey (1st and 2nd Defendants) B Samuel (4th Defendant) Solicitors: Crown Solicitors Office (1st and 2nd Defendants) Submitting Appearance (3rd Defendant) Brian Samuel & Associates (4th Defendant) File Number(s): 2014/311835