DFaCS re Eggleton [2016] NSWChC 4

Children's Court New South Wales

Medium Neutral Citation: DFaCS re Eggleton [2016] NSWChC 4 Hearing dates: 9 June 2016 Date of orders: 06 July 2016 Decision date: 06 July 2016 Jurisdiction: Care and protection Before: Judge Peter Johnstone, President of the Children's Court of New South Wales, at Kempsey Decision: There is a realistic possibility of restoration to the parents; Secretary's assessment not accepted; Secretary directed to prepare a different permanency plan involving restoration Catchwords: CHILDREN – Care and protection – realistic possibility of restoration – permanency planning Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Cases Cited: Blinko v Blinko [2015] FamCAFC 146 Briginshaw v Briginshaw [1938] HCA 34 DFaCS re Day [2012] NSWChC 14 DFaCS re Oscar [2013] ChC 1 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] FamCA 1235 Lukeson v Page [2007] Fam CA 1235 M v M [1988] HCA 68 Napier v Hepburn [2006] FCA 1316 Re Georgia and Luke (No 2) [2008] NSWSC 1387 Re Henry; JL v Secretary, Department of Family and Community Services [2015] NSWCA 89 Re Tanya [2016] NSWSC 794 Sudath v Health Care Complaints Commission [2012] NSWCA 171 Category: Principal judgment Parties: The Secretary, Department of Family and Community Services NSW (DFaCS) The Mother and Father The Child Representation: Mr T Fox, solicitor, for the Secretary Mr R Hetherington, solicitor, for the parents Ms F Healey, solicitor, for the child File Number(s): 2016/11 Publication restriction: Pseudonyms have been used in order to anonymise the children and parties