GR v Secretary, Department of Family and Community Services and Justice & Ors [2019] NSWSC 1146

Supreme Court New South Wales

Medium Neutral Citation: GR v Secretary, Department of Family and Community Services and Justice & Ors [2019] NSWSC 1146 Hearing dates: 30 August 2019 Date of orders: 03 September 2019 Decision date: 03 September 2019 Before: Slattery J Decision: Application dismissed. Proceedings adjourned to the Equity Registrar's List on Monday, 2 December 2019. The plaintiff ordered to pay the first and second defendants' costs. Liberty to apply withdrawn. Catchwords: FAMILY LAW – children – parental responsibility – parens patriae jurisdiction – child with condition requiring medical intervention – interim care order confirming parental responsibility of the Minister – application by the mother to discharge interim orders made in related care proceedings and for parental responsibility to be restored to her – whether there are exceptional circumstances warranting the Court's exercise of its parens patriae jurisdiction. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998, s 61 Cases Cited: CAC v Secretary, Department of Family and Community Services [2014] NSWSC 1855 G v Family and Community Services [2019] NSWSC 229 GR v Secretary, Department of Family and Community Services and Justice & Ors [2019] NSWSC 1073 GR v Secretary, Department of Family and Community Services and Justice (Supreme Court (NSW), Lindsay J, 27 May 2019, unrep) GR v Secretary, Department of Family and Community Services and Justice (Supreme Court (NSW), Lindsay J, 24 June 2019, unrep) GR v Secretary, Department of Family and Community Services and Justice [2019] NSWCA 177 Harris, Re (1936) 37 SR (NSW) 17 Re AB [2019] NSWSC 316 Re AB (No. 2) [2019] NSWSC 566 Re Victoria (2002) 29 Fam LR 157 Category: Procedural and other rulings Parties: Plaintiff: The mother First Defendant: Secretary, Department of Family and Community Services and Justice Second Defendant: Minister for Family, Community and Disability Services Third Defendant: The father Fourth Defendant: The boy Representation: Counsel: Plaintiff: C. McConaghy First & Second Defendants: M.W.Anderson