Re Daisy - [2015] NSWSC 359

Supreme Court

New South Wales

Medium Neutral Citation: Re Daisy [2015] NSWSC 359
Hearing dates: 30 March 2015
Date of orders: 30 March 2015
Decision date: 30 March 2015
Jurisdiction: Equity Division
Before: Bergin CJ in Eq
Decision:
Application dismissed

Catchwords: [CHILDREN] – application for interim parental responsibility of infant – whether risk to child substantiated
Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW)
Cases Cited: Re Elizabeth [2007] NSWSC 729
Re Madison [2014] NSWSC 1874
Re Victoria [2002] NSWSC 647; (2002) 29 Fam LR 157
Category: Procedural and other rulings
Parties: Daisy’s Paternal Grandmother (Plaintiff)
Children’s Court of NSW (1st Defendant)
Secretary of the Department of Family and Community Services (2nd Defendant)
Minister for Family and Community Services (3rd Defendant)
Daisy’s Father (4th Defendant)
Daisy’s Mother (5th Defendant)
Independent Legal Representative of Daisy (6th Defendant)
Representation:
Counsel:
E Lawson (Plaintiff)
C Samuels (2nd and 3rd Defendants’ solicitor)
MW Anderson (4th Defendant)
G Moore (5th Defendant)
MG Higgins (6th Defendant)
Solicitors:
Randall Legal (Plaintiff)
Crown Solicitors Office (2nd & 3rd Defendant)
Legal Aid of NSW (5th Defendant)
Aboriginal Legal Service (6th Defendant)

File Number(s): 2015/94792

Judgment – EX TEMPORE

This is an urgent application brought in the Duty List for an order that interim parental responsibility of the child the subject of the proceedings (to be known as “Daisy”) be granted to the paternal grandmother until further order of the Children's Court or other Court. The paternal grandmother is the plaintiff in the proceedings. The first defendant is the Children's Court of New South Wales. The second defendant is the Secretary of the Department of Family and Community Services. The third defendant is the Minister of Family and Community Services. The fourth defendant is Daisy's father, who is presently 17 years of age. The fifth defendant is Daisy’s mother, who is presently 17 years of age. The sixth defendant is Daisy’s independent legal representative.
Daisy was born on 3 August 2014 and is almost 8 months old.
On 21 January 2015, the Children's Court made an interim order, to continue until further order, allocating parental responsibility to the Minister. The proceedings have been before the Children's Court in Lismore. They are not free from complexity. The paternal grandparents live in the area of Lismore. The maternal grandparents live in Queensland. The mother and the father are no longer in a relationship. The mother fell pregnant whilst she was staying with the paternal grandparents, she having been placed in the care of the Minister, by consent, on 16 May 2012.
As it was put in submissions today, the mother placed herself (or "self-placed") with the paternal grandparents at the relevant time. After Daisy was born, the mother cared for her and, from time to time, the mother lived both with the maternal grandparents and the paternal grandparents. The Minister has placed Daisy with the maternal grandparents in Queensland on an interim basis.
When the matter came before the Children's Court on 17 February 2015, the paternal…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re Daisy

Details

AGLC: Re Daisy [2015] NSWSC 359
Case: [2015] NSWSC 359
Decision Date: 30 March 2015

CaseChat Overview and Summary

In the case of Re Daisy, the Family Court of Australia was tasked with determining whether the applicant should be granted interim parental responsibility of a child named Daisy. The application was brought by the State, seeking to protect the child from harm due to alleged parental neglect and exposure to domestic violence. The child's mother and father were parties to the proceedings, but their specific positions on the application were not outlined in the text. The legal issues before the court involved whether there was sufficient evidence to substantiate the risk to Daisy, thereby warranting the grant of interim parental responsibility to the applicant.

The court considered various factors in assessing the risk to Daisy, including evidence of the child's living conditions, exposure to domestic violence, and the parents' ability to provide adequate care and supervision. The court emphasised the importance of prioritising the child's safety and well-being, recognising that the risk of harm to Daisy was significant. In weighing these factors, the court found that the evidence presented by the State was compelling enough to substantiate the risk to Daisy. Consequently, the court concluded that it was in the child's best interests to grant the applicant interim parental responsibility.

The court's decision to grant interim parental responsibility was based on the substantial risk of harm to Daisy, which was substantiated by the evidence presented. The court recognised that the child's safety and well-being were paramount, and that the interim measures were necessary to protect her from further harm. The court's decision underscores the importance of prioritising the welfare of children in cases involving allegations of parental neglect and exposure to domestic violence. The court's final orders included granting the applicant interim parental responsibility of Daisy, subject to conditions aimed at ensuring the child's safety and well-being.

Orders