An Adoptive Father v Minister for Family and Community Services (No. 2) [2019] NSWSC 1305

Supreme Court New South Wales

Medium Neutral Citation: An Adoptive Father v Minister for Family and Community Services (No. 2) [2019] NSWSC 1305 Hearing dates: 23 September 2019 Date of orders: 30 September 2019 Decision date: 30 September 2019 Jurisdiction: Equity Before: Slattery J Decision: No basis for the Court to direct in this case that a new care plan and a new permanency plan be filed. The plaintiff's summons is dismissed. Issues of costs reserved. Parties to exchange written submissions on issue of costs. Catchwords: CHILDREN AND YOUNG PERSONS – appeal to the Supreme Court under the Children (Care and Protection) Act 1998 ("the Care Act"), s 91 against an order of the Children's Court allocating parental responsibility of two children to the Minister, the first defendant, under Care Act, s 79 – the two children were removed from the care of their father, the plaintiff, who had adopted them in an overseas country – the removal of the children from the plaintiff took place under authority conferred by the Care Act – children under the care of the Minster – grounds for removal were the plaintiff's violence and alleged sexual abuse towards them – plaintiff admits a non-sexual assault on one child and is indicted for trial for an alleged sexual assault on the other child – the Presidential Children's Court proceedings confirmed the removal of the two children and ordered that they be kept under the care and control of the Minister until the age of eighteen – the plaintiff brings an appeal from the President of the Children's Court to this Court – plaintiff's appeal does not challenge the finding of the Children's Court allocating parental responsibility of two children to the Minister – plaintiff confines his appeal to grounds that an early foster carer of the children ("the first carer") was unsuitable for the future care of the children and that the children's permanency planning is inadequate in part because it does not exclude the risk that the children may have future contact with the first foster carer – the defendants have since replaced the first carer with new carers ("the second carers") – the plaintiff does not challenge the continuation of the children's care by the second carers – whether the plaintiff's appeal is competent – whether permanency planning in respect of the children has been addressed – whether the Court should direct that a new care plan and a new permanency plan be filed – whether the plaintiff's appeal should be dismissed. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998, ss 78, 78(2A), 79(1)(b), 82, 83(7), 83(7A) 91 Children's Court Act 1987, s 22A Children's Court Regulation 2014, r 5(1) Cases Cited: An Adoptive Father v Minister for Family and Community Services [2019] NSWSC 878 Bell-Collins Children v Secretary, Department of Family and Community Services [2015] NSWSC 701 Briginshaw v Briginshaw (1938) 60 CLR 336 Director-General of Department of Community Services; Re Sophie [2008] NSWCA 250 George v The Children's Court of New South Wales (2003) 59 NSWLR 232 Gianoutsos v Glykis (2006) 65 NSWLR 539 Re Campbell [2011] NSWSC 761 Re Josie (2004) 32 Fam LR 64 Category: Principal judgment Parties: Plaintiff: not published