GR v Secretary, Department of Family and Community Services and Justice & Ors (No 2) [2019] NSWSC 1725

Supreme Court New South Wales

Medium Neutral Citation: GR v Secretary, Department of Family and Community Services and Justice & Ors (No 2) [2019] NSWSC 1725 Hearing dates: 28 & 29 November 2019 Date of orders: 29 November 2019 Decision date: 04 December 2019 Jurisdiction: Equity Before: Kunc J Decision: Care orders not set aside; Order made to implement proposed treatment plan to transition child from hospital; Parental responsibility to be determined by Children's Court Catchwords: FAMILY LAW - Children – Parens patriae jurisdiction –Child under the parental responsibility of the Minister in hospital for nearly nine months – Concurrent Children's Court proceedings - Orders requiring Secretary to consent to proposed treatment plan to transition child from hospital Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: GR v Secretary, Department of Family and Community Services and Justice & Ors [2019] NSWSC 1073 GR v Secretary, Department of Families, Disabilities and Community Services [2019] NSWCA 277 Re AB [2019] NSWSC 316 Re Josie [2004] NSWSC 642 Category: Procedural and other rulings Parties: The mother (Applicant)

Secretary, Department of Communities and Justice (First Respondent) Minister for Families, Communities and Disability Services (Second Respondent) The father (Third Respondent) The child (Fourth Respondent) Sydney Children's Hospital Network (Amicus curiae) Representation: Counsel: The mother (Applicant)