Curtis and Percy & Anor

In *Curtis and Percy & Anor*, the father sought interim orders for the return of the children to his care. The Department of Families and Communities (NSW) had intervened in the proceedings, and the children were residing in foster care. The father also sought the discharge of the independent children's lawyer and the removal of the single expert psychiatrist appointed to the proceedings.

The primary legal issue before the Court was whether it could be satisfied that returning the children to the father's care on an interim basis would not expose them to an unacceptable risk of physical harm and exposure to violence. Subsidiary issues concerned the father's applications regarding the independent children's lawyer and the expert psychiatrist.

His Honour Carew J found that the Court could not be satisfied that the children would not be exposed to unacceptable risk if returned to the father's interim care. Consequently, the Court made orders that the Minister for Families and Community Services have parental responsibility for the children. The Court further ordered that the children spend time with each parent as arranged and supervised by the Minister for Families and Community Services. The father's applications for the discharge of the independent children's lawyer and the removal of the single expert psychiatrist were dismissed.