The Secretary, Department of Family and Community Services and the Harper Children [2016] NSWChC 3

Children's Court New South Wales

Medium Neutral Citation: The Secretary, Department of Family and Community Services and the Harper Children [2016] NSWChC 3 Hearing dates: 8, 9, 10, 11, 12, 15, 16, 18, 19, 22, 23, 24, 25, & 26 April 2016 Date of orders: 08 July 2016 Decision date: 08 July 2016 Jurisdiction: Care and protection Before: Judge Peter Johnstone, President of the Children's Court of New South Wales Decision: There is no realistic possibility of restoration of the children to their mother; there is a realistic possibility of restoration of the children to their father; permanency planning approved Catchwords: CHILDREN - Care and Protection - realistic possibility of restoration - permanency planning - placement - allocation of parental responsibility Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Cases Cited: Blinko and Blinko [2015] FamCAFC 146 Briginshaw v Briginshaw [1938] HCA 34 DFaCS (NSW) re Oscar [2013] NSWChC 1 DFaCS (NSW) and the Colt Children [2013] NSWChC 5 Community Services; Re "Sophie" [2008] NSWCA 250 Director General of Department of Community Services; Re "Sophie" [2008] NSWCA 250 In the matter of Campbell [2011] NSWSC 761 JL v Secretary, Department of family and Community Services [2015] NSWCA 88 Johnson v Page [2007] Fam CA 1235 M v M [1988] HCA N v S (1996) FLC 92-655 Napier v Hepburn [2006] FamCA 1316 Re Tanya [2016] NSWSC 794 at [70]. Re Henry; JL v Secretary, Department of Family and Community Services [2015] NSWCA 89 Category: Principal judgment Parties: The Secretary, Department of Family and Community Services NSW (DFaCS) The Harper Children The Mother The Father Representation: Ms M Neville, of counsel, instructed by Mr H Patterson, solicitor, for the Secretary Mr Anderson, of counsel, instructed by Ms A Schrale, solicitor, for the mother The father, in person, unrepresented Ms L Miller, solicitor, as the Independent Legal Representative for the children File Number(s): 2014/547-550 Publication restriction: Pseudonyms have been used in order to anonymise the children and parties.