Re M (No 6) [2016] NSWSC 170

Supreme Court New South Wales

Medium Neutral Citation: Re M (No 6) [2016] NSWSC 170 Hearing dates: 12 – 14 October 2015 Date of orders: 03 March 2016 Decision date: 03 March 2016 Jurisdiction: Equity Before: Robb J Decision: The court will reject the plaintiff's appeal on her application for leave to apply to rescind or vary the care orders in so far as they deal with parental responsibility for the relevant children, but in relation to the issue of whether the appeal should be allowed to give leave to apply to rescind or vary the care orders in so far as they deal with the plaintiff's access to the relevant children, the court invites the parties to make further submissions on the issues raised in pars 194 and 195 below, as explained in related paragraphs. Catchwords: CIVIL PROCEDURE – appeal from the Children's Court regarding care orders made – appeal application dealt with by District Court judge – application for extension of time to commence appeal under s 91 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) ("Care Act") – Rule 50.3(1)(c) of the Uniform Civil Procedure Rules 2005 (NSW) considered – whether granting an appeal out of time would cause unfairness – held leave limited to delay – held discretion to grant leave be exercised in this instance

CHILDREN – judgments and orders – application for leave for the rescission or variation of care orders under s 90 of the Care Act – children taken into care – Children's Court orders granted parental responsibility to children's fathers – mother sought leave to appeal for children to be restored in her care – whether or not there is a realistic possibility of restoration of a child or young person to the custody of the mother – whether there was significant change in relevant circumstances in considering leave – consideration of matters identified by mother – held mother has not demonstrated that she has full insight into her situation – held insufficient time to demonstrate consistent good parenting at the time of hearing – held none of the matters that the mother identified as being a significant change in relevant circumstances – held change in access to child as a further consideration – held further consideration needed for mother's access to the children and contact between siblings