DM and Director-General Department of Community Services

The case of DM and Director-General Department of Community Services concerned an appeal to the Full Court of the Supreme Court of Western Australia regarding an order made by a single judge. The Director-General of the Department of Community Services had sought and obtained orders under the *Family Court Act 1975* (Cth) (now repealed) and the *Child Welfare Act 1947* (WA) concerning the welfare of a child, DM. The mother of DM appealed these orders.

The central legal issues before the Full Court were whether the single judge had erred in finding that the child DM was a child in need of protection, and consequently, whether the orders made for the child's protection were justified. This involved a review of the evidence presented to the original court and an assessment of whether the legal thresholds for intervention under the relevant legislation had been met.

The Full Court considered the evidence relating to the mother's capacity to care for DM and the risks posed to the child's welfare. The Court applied the principles of child protection law, emphasising the paramountcy of the child's welfare and the need for a high degree of certainty before making significant orders impacting parental responsibility. The Court found that the evidence did not support the conclusion that DM was a child in need of protection, and that the single judge had misapplied the relevant legal tests.

Consequently, the Full Court allowed the appeal, set aside the orders made by the single judge, and remitted the matter back to the Family Court for redetermination.