LZ and QJ v FACS [2017] NSWDC 414

District Court New South Wales

Medium Neutral Citation: LZ and QJ v FACS [2017] NSWDC 414 Hearing dates: 17-24 July 2017; 02 August 2017 and 28 September 2017 Date of orders: 29 September 2017 Decision date: 29 September 2017 Jurisdiction: Civil Before: Knox SC, ADCJ Decision: I dismiss the summons and appeal in relation to the child A The orders of the Children's Court at Bidura made on 7 December 2016 in relation to Y are conformed That except as provided in Order 4, all aspects of parental responsibility for Y, be allocated to the Secretary Catchwords: APPEAL FROM CHILDREN'S COURT - Parents' found guilty of assault occasioning actual bodily harm - AVO Order to protect children - Children's attachment to the carers' - sibling bond - whether to separate siblings - cultural considerations - criticism of carers' by parents' counsel - concern parents will leave Australia - whether the Secretary will renew children's passports - assessment of parents Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Cases Cited: DFaCS re Day [2012] NSW ChC 14 "V V" v District Court of New South Wales [2013] NSWCA 469 Director-General, Department of Community Services v D & Ors [2007] NSWSC 762 Re Kerry (No 2) [2012] NSWCA 127 Re Tracey [2011] NSWCA 43 Donnell v Davey [2010] Fam CAFA 15 Texts Cited: UN Convention of the Rights of the Child 1989 Category: Principal judgment Parties: L Z (First Plaintiff) Q J (Second Plaintiff) The Secretary, Department of Family and Community Services (First Defendant) Y J (Second Defendant) Representation: Counsel: L Goodchild (First and Second Plaintiffs) M Anderson (First Defendant) G Moore (Second Defendant) S Gardiner (Third Defendant)