Re Reuben - [2018] NSWSC 143

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: Re Reuben [2018] NSWSC 143
Hearing dates: 1 February 2018
Decision date: 01 February 2018
Jurisdiction: Equity
Before: Ward CJ in Eq
Decision:
1.   That, pending further order, the child known as "Reuben" be made a ward of the Court.
2.   That, pending further order, parental responsibility for "Reuben" be delegated to the Minister for Family and Community Services.
3.   Secure accommodation orders as per short minutes of order until 5pm on 16 February 2018.

Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) s 76
Cases Cited: Director General, Department of Community Services and Another; Re Thomas [2009] NSWSC 217
Director General, Department of Community Services; Re Jules [2008] NSWSC 1193
Director General, New South Wales Department of Community Services v Y [1999] NSWSC 644
Category: Procedural and other rulings
Parties: Secretary, Department of Family and Community Services (First Plaintiff)
Minister for Family and Community Services (Second Plaintiff)
[Reuben's mother] (First Defendant)
[Reuben's father] (Second Defendant)
Representation:
Counsel:
M England (Plaintiff)
M Levy (Solicitor) (Child)
Solicitors:
Crown Solicitors (Plaintiff)

File Number(s): 2018/00034599
Publication restriction: Pending further order, that there be no publication that would identify, or tend to identify, "Reuben" except for the purpose of the proper conduct of these proceedings (this order being made on the grounds specified in s.8(1)(a), (c), and (e) of the Court Suppression and Non-publication Orders Act 2010 (NSW)). This order applies throughout the Commonwealth.

EX TEMPORE Judgment

HER HONOUR: This is an application that has come before me ex parte in the Duty Judge list. It is an application by the Secretary of the Department of Family and Community Services and Minister for Family and Community Services (the plaintiffs) by notice of motion filed in Court today, seeking orders in relation to a ten-year-old child, who, for the purposes of these proceedings, will be referred to as Reuben.
The application includes, among other things, an application for an order that, pending further order, the child remain a ward of the Court and parental responsibility for the child be delegated to the Minister for Family and Community Services, as well as for a secure accommodation order of the kind made in Director General Department of Community Services and Another; Re Thomas [2009] NSWSC 217.
The child is presently under the parental responsibility of his parents. Shortly I will give some background in relation to the child’s family history. In circumstances where the child is presently under the parental responsibility of the child’s parents, if there is to be an order for secure accommodation as the plaintiffs seek, then I am satisfied that it would be necessary for the court in its inherent jurisdiction first to make an order that the child be a ward of the Court.
See in particular the decision of Brereton J in Director General, Department of Community Services; Re Jules [2008] NSWSC 1193. His Honour there made observations in relation to the parens patriae

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 Reuben

Details

AGLC: Re Reuben [2018] NSWSC 143
Case: [2018] NSWSC 143
Decision Date: 01 February 2018

CaseChat Overview and Summary

The case of Re Reuben was heard ex parte in the Supreme Court of New South Wales. The plaintiffs, the Secretary of the Department of Family and Community Services and the Minister for Family and Community Services, sought orders in relation to a ten-year-old child referred to as Reuben. The plaintiffs sought orders that Reuben remain a ward of the Court, that parental responsibility for Reuben be delegated to the Minister for Family and Community Services, and that a secure accommodation order be made in Reuben's favour. The application was brought due to concerns about Reuben's welfare, including his exposure to domestic violence, drug use, and criminal behaviour, as well as concerns about his education and overall well-being. The court had to decide whether the exceptional circumstances of Reuben's case justified the making of secure accommodation and care orders.

The court considered the evidence and submissions presented and was satisfied that Reuben was at high risk due to his behaviour, association with drug users and sellers, and exposure to drug use and sexual offenders. The court also considered the lack of suitable accommodation, inadequate parental supervision, and the likelihood of re-exposure to drug use and domestic violence in Reuben's home. The court found that the risks were real and well-founded, and that Reuben required a therapeutic secure residential program that would provide him with stability, security, and an opportunity for protection and education. The court accepted that the orders sought involved a serious incursion upon and deprivation of personal liberty, but determined that they were necessary in Reuben's best interests. The court granted the orders sought, including making Reuben a ward of the Court and delegating parental responsibility to the Minister for Family and Community Services. The court also made secure accommodation orders for Reuben to reside in a therapeutic secure residential program managed by Family and Community Services.

Orders