KILKENNY & RAWLINSON

In proceedings before Dawe J, the mother sought an order that the children be placed in foster care, notwithstanding that they had resided with the other party for a significant period. The Minister had elected not to participate in the proceedings.

The primary legal issue was whether it was in the children's best interests to be removed from the care of the other party and placed in foster care, and whether orders restraining the mother from attending premises frequented by the children should continue.

Dawe J dismissed the mother's oral application for foster care, finding it was not in the children's best interests. The court reasoned that continuing orders restraining the mother from attending any premises the children might reside or frequent were necessary to protect them from psychological harm. The matter was adjourned for further directions to prepare for a trial.