Re: Andrew

The Supreme Court of New South Wales was asked to determine whether the father of a child should be joined as a party to proceedings concerning the welfare of that child, where there was a real risk to the safety of the mother and child. The proceedings were brought under the *Children and Young Persons (Care and Protection) Act 1988*.

The central legal issues before the Court of Appeal were whether the father had a right to be joined as a party to the Supreme Court proceedings, and whether service of the summons upon him would pre-empt a decision that was properly within the jurisdiction of the Children's Court. The Court also considered principles of natural justice and the need for a proper contradictor in such welfare proceedings.

The Court of Appeal found that the question before the Supreme Court was one of law, and that joining the father as a party and serving him with the summons would improperly pre-empt the jurisdiction of the Children's Court. The Court reasoned that the Supreme Court's role was to determine the legal question before it, and that the father's joinder and service would effectively involve the Supreme Court in making determinations that were within the exclusive purview of the Children's Court.

Consequently, the appeal was allowed, and the order of O'Keefe J of 26 February 2004, which had joined the father as a party and ordered his service with the summons, was set aside.