Re M (No 6)

The matter of Re M (No 6) involved an appeal from the Children’s Court concerning care orders made in relation to the children of the appellant, the mother. The mother sought leave to appeal the Children’s Court orders that granted parental responsibility to the children’s fathers. The District Court dealt with the application for an extension of time to commence the appeal, considering the statutory provisions under section 91 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) and the relevant rules of the Uniform Civil Procedure Rules 2005 (NSW).

The primary legal issues the court addressed were whether granting the appeal out of time would cause unfairness and whether the mother had demonstrated sufficient insight into her situation to warrant an appeal. Additionally, the court considered whether there had been a significant change in relevant circumstances that would justify the leave to appeal, particularly focusing on the mother's ability to demonstrate consistent good parenting and her efforts to address past issues. The court also examined the matter of access to the children and the importance of contact between siblings.

The court held that while the mother had not demonstrated full insight into her situation and had not shown consistent good parenting at the time of the hearing, the appeal was limited to the delay in time. The court exercised its discretion to grant leave for the appeal but limited it to the delay. The court did not exercise its discretion to grant leave for the rescission or variation of the care orders at that time and invited counsel to provide further submissions regarding the conditions of such leave. Ultimately, the court's discretion to grant leave was not exercised in this instance, and no further orders were made regarding the leave to appeal or the care orders.