Bi v Secretary, Family and Community Services [2018] NSWSC 1925

Supreme Court New South Wales

Medium Neutral Citation: Bi v Secretary, Family and Community Services [2018] NSWSC 1925 Hearing dates: 12 December 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Common Law Before: Harrison J Decision: (1) Revoke the order made by me on 12 December 2018 extending up to and including 5pm on 14 December 2018 the order made by Bellew J on 4 December 2018. (2) Dismiss the plaintiffs' notice of motion filed 3 December 2018. (3) Order the first plaintiff on or before 5pm on 14 December 2018 to deliver to the first defendant, or as the first defendant may in writing direct, the passport issued for S, a child born on the date referred to in the first defendant's notice of motion filed in Court on 12 December 2018. (4) Order that, having regard to the first defendant's proposal that S will travel from New South Wales to New Zealand and back as indicated in the affidavit of Robyn Harris sworn on 10 December 2018, the first defendant shall take all reasonable and proper steps as may be necessary to ensure that S returns to New South Wales within five days of departing for New Zealand. Catchwords: CHILD WELFARE – parens patriae jurisdiction – application for injunction restraining the Minister from allowing the child to visit her father in New Zealand – application dismissed Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 90 Category: Procedural and other rulings Parties: Nikhat Bi (First Plaintiff) Abdul Khan (Second Plaintiff) Secretary, Department of Family and Community Services (First Defendant) Legal Aid NSW (Second Defendant) Children's Court of NSW (Third Defendant) Representation: Counsel: P Singleton (First Defendant)