JG v Secretary, Department of Family and Community Services

The applicant, JG, sought prerogative relief from the Supreme Court against an order made by the Children's Court, which placed the child under the parental responsibility of the Minister for Family and Community Services. The Minister, in turn, had arranged for the child to be placed with carers. The natural parents opposed the order, which permitted the carers to take the child on holidays to Canada. The court was required to determine whether the Children's Court had made an error of law in its order and whether the Minister had acted lawfully in permitting the carers to take the child on holiday. The applicant argued that the Minister had not properly considered the child's welfare and that the order permitting the carers to take the child on holiday was unlawful.

The court found that the applicant had failed to demonstrate any error of law on the part of the Children's Court. The court held that the Children's Court had jurisdiction to make the order and that the Minister had acted lawfully in permitting the carers to take the child on holiday. The court found that the Minister had properly considered the child's welfare and that the order permitting the carers to take the child on holiday was in the child's best interests. The court dismissed the summons, finding that the applicant had not demonstrated any grounds for the court to grant relief. The court held that no appeal lay to the Supreme Court from the Children's Court order.