The Secretary of the Department of Communities and Justice (DCJ) and Fiona Farmer [2019] NSWChC 5

Children's Court New South Wales

Medium Neutral Citation: The Secretary of the Department of Communities and Justice (DCJ) and Fiona Farmer [2019] NSWChC 5 Hearing dates: 15 & 16 April 2019 Date of orders: 26 August 2019 Decision date: 26 August 2019 Jurisdiction: Care and protection Before: Judge Peter Johnstone, President of the Children's Court of NSW Decision: There is a realistic possibility of restoration of the child to the father within a reasonable period Secretary to prepare a different permanency plan, one that involves restoration Catchwords: CHILDREN - Care and Protection - realistic possibility of restoration Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 DFaCS re Day [2012] NSWChC 14 DFaCS and the Steward Children [2019] NSWChC 1 DFaCS Re Nicole [2018] NSWChC 3 Department of Human Services & K Siblings [2013]VChC 1 Director General of Department of Community Services; Re "Sophie" [2008] NSWCA 250 DFaCS and the Steward Children [2019] NSWChC 1 In the matter of Campbell [2011] NSWSC 761 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 Mary [2014] NSWChC 7 Re Saunders and Morgan v Department of Community Services, NSWDC unreported, per Johnstone J. Re Jayden [2007] NSWCCA 35 Re Timothy [2010] NSWSC 524 Re Tanya [2016} NSWSC 794 Re Saunders and Morgan [2008] CLN Sudath v Health Care Commission [2012] NSWCA 171 VV v District Court of New South Wales [2013] NSWCA 469 Category: Principal judgment Parties: The Secretary The father The mother The child Representation: Ms J Wong, solicitor, for the Secretary Mr T Mara, solicitor, for the father The mother did not appear Ms E Canning, solicitor, for the child, as the Independent Legal Representative File Number(s): 2017/346944 Publication restriction: Pseudonyms have been used in order to anonymise the child and the parties