Department of Family and Community Services NSW and Munroe and Ors

Case

[2013] FamCA 981

16 December 2013


Details
AGLC Case Decision Date
Department of Family and Community Services NSW and Munroe and Ors [2013] FamCA 981 [2013] FamCA 981 16 December 2013

CaseChat Overview and Summary

The case of *Department of Family and Community Services NSW and Munroe and Ors* concerned an application by the Minister for Family and Community Services regarding the sole parental responsibility for a child, C. The proceedings were heard by Foster J.

The central legal issue before the court was the determination of parental responsibility for C and the arrangements for C's time with their parents, the mother and Mr Mullow. The court was also required to consider the conditions and supervision of contact between C and their parents, and the future conduct of the proceedings, including the release and consideration of a single expert report.

Foster J ordered that pending further order, sole parental responsibility for C be allocated to the Minister for Family and Community Services. The court further ordered that C spend time with the mother and father, Mr Mullow, under the supervision of Departmental officers. Specific conditions were imposed regarding confirmation of attendance at weekly contact visits, with supervised visits to be cancelled by the Department if confirmation was not provided at least twenty-four hours in advance. The proceedings were adjourned for a judicial case management hearing to be held as soon as practicable after the release of a single expert report.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Expert Evidence

  • Jurisdiction

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Cases Citing This Decision

1

Munroe and Watson and Ors [2014] FamCA 112
Cases Cited

6

Statutory Material Cited

1

Marvel & Marvel [2010] FamCAFC 101
SS & AH [2010] FamCAFC 13
Goode & Goode [2006] FamCA 1346