Saffari & Director-General, Department of Families

The case of *Saffari & Director-General, Department of Families* concerned an appeal from a decision of the Children's Court of Victoria. The appellant, Ms. Saffari, sought to challenge orders made by the Children's Court concerning her child, Leo. The Director-General of the Department of Families, Fairness and Housing (the respondent) had initiated proceedings seeking orders for the protection of Leo, alleging that he had suffered or was at risk of suffering significant harm.

The primary legal issues before the Full Court of the Supreme Court of Victoria were whether the Children's Court had erred in its findings regarding the risk of significant harm to Leo, and consequently, whether the protective orders made were justified. Specifically, the court had to consider the evidence presented concerning Ms. Saffari's parenting capacity and the potential impact on Leo's safety and wellbeing.

The Full Court analysed the evidence and the Children's Court's findings, applying the principles of the *Children, Youth and Families Act 2005* (Vic). The court considered the statutory definitions of "significant harm" and the factors to be taken into account when assessing risk. The reasoning focused on whether the Children's Court had properly weighed all relevant evidence, including expert reports and testimony, to determine if Leo was in need of protection. The court affirmed that the paramount consideration in such matters is the best interests of the child.

The Full Court dismissed the appeal, upholding the protective orders made by the Children's Court.