Bell-Collins Children v Secretary, Department of Family and Community Services (No. 2) [2016] NSWSC 853

Supreme Court New South Wales

Medium Neutral Citation: Bell-Collins Children v Secretary, Department of Family and Community Services (No. 2) [2016] NSWSC 853 Hearing dates: 19, 20, 21, 22 & 23 October 2015 and 11 November 2015 Date of orders: 23 June 2016 Decision date: 23 June 2016 Jurisdiction: Equity Before: Slattery J Decision: Appeal dismissed. Decision of Children's Court to leave the children in the care of the Minister upheld. Catchwords: FAMILY LAW AND CHILD WELFARE – Care and Protection – plaintiffs are parents of two children – both children suffer physical injuries in mid-2013 - plaintiffs appeal against orders of a Presidential Children's Court pursuant to Children and Young Persons (Care and Protection) Act 1998, s 91 removing the two young children from the plaintiffs' parents' home and placing them in the care of the Minister – cause of injuries unexplained – parents say injuries were an accident – medical evidence suggests injuries may have been the result of intentional acts whist the children were in the care of the parents - whether the injuries were caused intentionally or recklessly by one or both of the parents – whether restoration of the children to their parents would give rise to an unacceptable risk of harm to them – whether a reasonable possibility of restoration of the children to the plaintiffs exists – whether the children should remain in the care of the Minister or in the care of their great grandparents. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Children's Court Act 1987, s 22A Children's Court Regulation 2014, r 5 Civil Procedure Act 2005, s 86 Uniform Civil Procedure Rules, r 6.24 Cases Cited: Bell-Collins Children v Secretary, Department of Family and Community Services [2015] NSWSC 701 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Department of Family and Community Services (NSW) and the Bell-Collins Children [2014] NSWChC 5 DFaCS (NSW) re Oscar [2013] NSWChC 1 Director General of Department of Community Services; Re Sophie [2008] NSWCA 250 Gianoutsos v Glykis [2006] NSWCA 137 In the matter of Campbell [2011] NSWSC 761 M v M (1988) CLR 69; [1988] HCA 68 Re Tracey [2011] NSWCA 43 T v H & Ors [1985] NSWSC, Unreported 19 December 1985 Category: Principal judgment Parties: First Plaintiffs: The Mother and the Father Second Plaintiffs: The Great Grandparents First Defendant: Secretary, Department of Family and Community Services Second Defendant: The Minister, Department of Family and Community Services Third Defendant: Independent Legal Representative for the Children Representation: Counsel: First and Second Defendant: Mr M.W. Anderson Third Defendant: Ms D.Ward, for the Children