SK v Secretary, Department of Family and Community Services [2016] NSWDC 273

District Court New South Wales

Medium Neutral Citation: SK v Secretary, Department of Family and Community Services [2016] NSWDC 273 Hearing dates: 15, 16, 17, 18 and 19 August 2016 Date of orders: 24 October 2016 Decision date: 24 October 2016 Jurisdiction: Civil Before: Montgomery DCJ Decision: 1 The appeal is allowed. 2 Final Orders of the Children's Court made 8 March 2016 be set aside. 3 Parental Responsibility for SB is to remain with the Minister for 12 months from the date of these Orders pursuant to s 79(1)(b) of the Care Act, save as follows. 4 All aspects of parental responsibility of SB are after 12 months from the date of these Orders to be restored to SK pursuant to s 79(1)(a) of the Care Act. 5 The Secretary is to prepare a permanency plan for restoration of SB with SK, in accordance with Orders 3 and 4 above, pursuant to the provisions of ss 84 and 85 of the Care Act. 6 The Secretary is to provide a plan for transition of SB into the care of SK over the period of three months commencing the date of these Orders. 7 I direct the parties to attempt to agree orders providing for the requirements of the permanency plan involving restoration to SK, provision of services facilitating that restoration. 8 I direct the parties to attempt to agree undertakings to be given by SK, following as closely as can be agreed, the undertakings offered by SK in Exhibit A, such undertakings to be for the period of 12 months from the date of these orders. 9 The matter to be returned before me for the making of further final orders on 21 November 2016 Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Court Suppression and Non-publication Orders Act 2010 Cases Cited: SL Secretary Department of Family and Community Services [2016] NSWCA 124 re Henry JL v Secretary, Department of Family and Community Services [2015] NSWCA Campbell [2011] NSWSC 761 Saunders and Morgan & Anor v Department of Community Services 12/12/2008 NSWDC Category: Principal judgment Parties: SK (Plaintiff) Secretary, Department of Family and Community Services (Defendant) Independent Legal Representative (Independent Legal Representative) Representation: Counsel: F Conte-Mills (Plaintiff) M Anderson (Defendant) P Braine (ILR)