The Secretary, Department of Family and Community Services and M [2015] NSWChC 1

Children's Court New South Wales

Medium Neutral Citation: The Secretary, Department of Family and Community Services and M [2015] NSWChC 1 Hearing dates: 21-24 October 2014; 28-29 January 2015; 4-5 February 2015 Decision date: 23 March 2015 Jurisdiction: Care and protection Before: Children's Court Magistrate Elizabeth Ryan Decision: Application to rescind orders made on 10 August 2010 Catchwords: CHILDREN – Care and protection Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Mental Health (Forensic Provisions) Act 1990 Cases Cited: M and M [1988] HCA 68 Re Anthony [2008] LC 21. Category: Principal judgment Parties: The Secretary, Department of Family and Community Services The Parents The Child Representation: Mr R Attia, solicitor, for the Secretary Mr D Hewitson, solicitor, for the Father Mr T Mara, solicitor, for the Mother Ms L Miller, solicitor, Independent Legal Representative for the Child File Number(s): 1805/09 Publication restriction: Pseudonyms have been used in order to anonymise the child and parties

Judgment 1. M was born on 30 September 2009 and is now 5 years old. 2. On 19 December 2013 the Children's Court at Parramatta made an interim order giving parental responsibility for M to the Minister for Family and Community Services pending an order of the Children's Court. 3. The interim order followed an application filed by the Independent Legal Representative under s 90 of the Children and Young Persons (Care and Protection) Act 1998 [the Care Act]. The application sought rescission of orders made by the Children's Court on 10 August 2010. These orders had placed M under the joint parental responsibility of her father and the Minister for the aspect of residence, with all other aspects of parental responsibility to be allocated to her parents. 4. In the current proceedings the Secretary joins the Independent Legal Representative in seeking rescission of the 2010 orders. The Secretary seeks orders that parental responsibility for M be placed with the Minister until M is 18. 5. M's mother and father oppose the application. They want parental responsibility for M to be placed with her mother and her paternal grandfather BS; in the alternative with her mother, her father and her paternal grandfather.