LJ v The Secretary, Department of Family and Community Services and MS & ors [2015] NSWDC 58

District Court New South Wales

Medium Neutral Citation: LJ v The Secretary, Department of Family and Community Services and MS & ors [2015] NSWDC 58 Hearing dates: 13 – 17; 20; 22 April 2015 Date of orders: 23 April 2015 Decision date: 23 April 2015 Jurisdiction: Civil Before: Knox SC DCJ Decision: The Orders of the Children's Court made on 7 February 2014 in relation to CSJ born 11 February 2009 be confirmed. That the Amended Summons of Appeal of the Plaintiff, LJ filed 30 October 2014 be otherwise dismissed. Catchwords: CHILDREN – care and protection – restoration of child to father – parental responsibility – impact of separation from sibling - publication of orders to those involved in any future proceedings Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 ss 8, 9, 13, 71, 79, 83, 86, and 91 Category: Principal judgment Parties: Plaintiff – LJ First Defendant – Department of Family and Community Services Second Defendant – JG Third Defendant – WJ Fourth Defendant – MS Fifth Defendant – Independent Legal Representative for the children Representation: Plaintiff – Mr Russo of Dean Lawyers First Defendant – Mr M Anderson of counsel, instructed by Crown Solicitor's Office Second Defendant – no appearance Third Defendant – in person Fourth Defendant – Mr S Gardiner of counsel, instructed by Rafton Family Lawyers Independent Legal Representative – Mr Samuel of Brian Samuel & Associates File Number(s): 2014/68002 Publication restriction: None. Children and parties have been anonymised Decision under appeal Court or tribunal: Children's Court of NSW Jurisdiction: Care