FACS v AH and AN [2017] NSWDC 412

District Court New South Wales

Medium Neutral Citation: FACS v AH and AN [2017] NSWDC 412 Hearing dates: 23-26 and 31 October 2017, 01-03 November 2017 Date of orders: 03 November 2017 Decision date: 03 November 2017 Jurisdiction: Civil Before: Knox SC, ADCJ Decision: Appeal allowed The orders of 15 December 2016 of the Children's Court at Bidura are vacated The question of costs of all parties is reserved Catchwords: APPEAL - Restoration: Parents' Hearing - Sexual intercourse with child present - pornography collection - attachment to grandparents - Use by the Court of prior criminal conviction - Concerns arising out of parents' possession of child abuse material Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Child Protection (Offenders Registration) Act 2000 Child Protection (Working with Children) Act 2012 Crimes Act 1900 Cases Cited: Gianoutsos v Glykis [2006] NSWCCA 137; 162 A Crim R 64 Allesch v Maunz (2000) 203 CLR 172 Re Kerry (No2) [2012] NSWCA 127 Re Tracey [2011] NSWCA 43 V V v District Court of New South Wales [2013] NSWCA 469 M v M (1988) 166 CLR 69 CAC v Secretary, Department of Family and Community Services [2014] NSWSC 1855 Stone v Stone [2016] NSWSC 605 Director-General, Dept of Community Services v D & Ors [2007] NSWSC 762 Category: Principal judgment Parties: Secretary, Family and Community Services (Plaintiff) AH (First Defendant) AN (Second Defendant) Representation: Counsel: M W Anderson (Plaintiff) V Willoughby (First and Second Defendants) S Leis (Independent Legal Representative)