JMS v Department of Family and Community Services & Ors [2018] NSWDC 25

District Court New South Wales

Medium Neutral Citation: JMS v Department of Family and Community Services & Ors [2018] NSWDC 25 Hearing dates: 19-21 February 2018 Date of orders: 21 February 2018 Decision date: 21 February 2018 Jurisdiction: Civil Before: Knox SC ADCJ Decision: Appeal allowed. Orders made as below. Catchwords: CHILDRENS COURT APPEAL – Supervised contact – Benchmarks for supervised contact – Shared custody between separated parents – Volatile relationship – Custody of young children – Mental health – Drug and alcohol – Breach of undertakings – Care plan – Time period for supervised contact – Time line and events – Personal development – Insight into past behaviour – Professional assessment and relationships Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Cases Cited: Re Tanya [2016] NSW SC 794 Texts Cited: Children's Court of NSW, 'Contact Guidelines for Magistrates', Marien J (2011) Category: Principal judgment Parties: JMS v Department of Family and Community Services & Ors Representation: Counsel: Plaintiff (Mother): Mr G Hill First Defendant (FACS): Ms G.F. Mahony Second Defendant (Father): Mr D Schier Third Defendant (Independent Legal Representative for the Children): Mr P Ryan

Solicitors: Plaintiff (Mother): Elizabeth Fleming & Associates First Defendant (FACS): Crown Solicitor's Office Second Defendant (Father): DMS Lawyers Third Defendant (Independent Legal Representative for the Children): Peter Ryan Solicitors File Number(s): 2017/184584 Publication restriction: Restricted. (Decision for publication has identifying details removed)