Department of Family and Community Services (DFaCS) and Nicole [2018] NSWChC 3

Children's Court New South Wales

Medium Neutral Citation: Department of Family and Community Services (DFaCS) and Nicole [2018] NSWChC 3 Hearing dates: 26 November 2018 Date of orders: 26 November 2018 Decision date: 26 November 2018 Jurisdiction: Care and protection Before: Judge Peter Johnstone, President of the Children's Court of NSW Decision: The child is in need of care and protection Catchwords: CHILDREN – Care and Protection – whether the child is in need of care and protection: s 71 Children and Young Persons (Care and Protection) Act 1998 Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Cases Cited: Bell-Collins Children v Secretary Department of Family and Community Services No 2 [2016] NSWSC 853 Briginshaw v Briginshaw 1938 HCA 34 Director General of the Department of Community Services Re Sophie 2008 NSWCA 250 JL v Secretary Department of Family and Community Services [2015] NSWCA 88 Johnson v Page [2007] Fam CA 1235 M v M [1988] HCA 68 Re Alistair [2006] NSWSC 411 Re Henry; JL v Secretary Department of Family and Community Services [2015] NSWCA 89 Re Jayden [2007] NSWCCA 35 Re Tanya [2016] NSWSC 794 VV v District Court of New South Wales [2013] NSWCA 469 Category: Procedural and other rulings Parties: The Secretary The mother The father The child Representation: Mr Samra, solicitor, for the Secretary Ms Tuileva, solicitor, for the child as Independent Legal Representative The mother was self-represented The father was self-represented File Number(s): 2018/00272818 Publication restriction: Pseudonyms have been used in order to anonymise the child and parties