Re Tanya [2016] NSWSC 794

Supreme Court New South Wales

Medium Neutral Citation: Re Tanya [2016] NSWSC 794 Hearing dates: 9-16 May 2016 Date of orders: 01 June 2016 Decision date: 01 June 2016 Jurisdiction: Equity Before: Rein J Decision: See [97] – [98] Catchwords: CHILDREN - Care and Protection – whether there is a realistic possibility of restoration to mother- whether there is a realistic possibility of restoration to the father- contact- allocation of parental responsibility- intention of department to place the child with the father-previous orders opposed by mother- PROCEDURE- Appeal from the decision of the President of the Children's Court Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Children's Court Act 1987 (NSW). Cases Cited: M v M [1988] HCA 68; 166 CLR 69; 82 ALR 577; 63 ALJR 108; 12 Fam LR 606; FLC 91-979 Lukeson v Page [2007] Fam CA 1235 Re Henry; JL v Secretary, Department of Family and Community Services [2015] NSWCA 89 Briginshaw v Briginshaw [1938] HCA 34, 60 CLR 336; ALR 334; 12 ALJR 100 Director-General of Department of Community Services; Re "Sophie" [2008] NSWCA 250 JL v Secretary, Department of family and Community Services [2015] NSWCA 88 Sudath v Health Care Complaints Commission [2012] NSWCA 171, 84 NSWLR 474 In the matter of Campbell [2011] NSWSC 761 DFaCS re Oscar [2013] ChC 1 Texts Cited: N/A Category: Principal judgment Parties: Mother of Tanya (Plaintiff) Secretary, Department of Family and Community Services (1st Defendant) Father of Tanya (2nd Defendant) Independent Legal Representative (on behalf of Tanya) Representation: Counsel: K. Reynolds (Plaintiff) M. Neville (1st Defendant) L. Saw (2nd Defendant) D. Ward (Independent Legal Representative)