MHP & Director-General Department of Community Services

The case of *MHP & Director-General Department of Community Services* [2023] NSWCA 198 concerned an appeal to the New South Wales Court of Appeal regarding an application for an order for the permanent care and responsibility of a child. The Director-General of the Department of Community Services sought such an order, which was opposed by the child's mother, MHP.

The primary legal issue before the Court of Appeal was whether the primary judge erred in finding that it was in the child's best interests to make an order for permanent care and responsibility to the Director-General, thereby terminating the parental responsibility of MHP. This involved a consideration of the relevant legislative provisions governing permanent care orders and the principles of paramountcy of the child's welfare and best interests.

The Court of Appeal analysed the evidence presented at the original hearing and the primary judge's findings of fact. It considered the mother's capacity to care for the child, the risks identified by the Department, and the proposed permanency plan. The Court applied the principles established in case law regarding the assessment of a child's best interests, including the need to consider the child's safety, welfare, and well-being as the paramount consideration, and the importance of maintaining a connection with the child's family and cultural background where appropriate. The Court found no error in the primary judge's assessment of the evidence or application of the law.

Consequently, the appeal was dismissed, and the orders made by the primary judge for the permanent care and responsibility of the child to the Director-General were affirmed.