Simon & Anor and Dole & Anor

In the Family Court of Australia, Cleary J considered an application concerning the parental responsibility for a child, L. The Department of Family and Community Services intervened in the proceedings. The mother's foster carers sought sole parental responsibility for L. Allegations were made that the mother's foster father had sexually abused the mother. The mother's foster mother did not believe these allegations.

The court was required to determine whether L was at risk of harm in the care of the mother's foster carers, and whether L was at risk of psychological and emotional harm due to exposure to conflict between the mother and her foster carers. The court also had to consider L's history of disrupted attachments, L's current attachment to the foster carers, and the foster carers' efforts to facilitate L's relationship with her mother.

Cleary J found that L was at risk of psychological and emotional harm in the care of the mother's foster carers, particularly due to the conflict between the mother and her foster carers. The court noted L's past disrupted attachments but also acknowledged L's attachment to her current foster carers, who encouraged and facilitated L's relationship with her mother. Applying principles of child welfare and protection, the court determined that it was in L's best interests for the Minister for Family and Community Services to have sole parental responsibility.

Consequently, all previous orders and parenting plans concerning L were discharged. The Minister was granted sole parental responsibility for L until she reached 18 years of age. The Minister, or the Director-General, was to determine where and with whom L lives. The mother was to spend time with L, and have telephone contact, as directed by the Director-General, with specific conditions and reporting requirements. The mother was also subject to drug testing and restrained by injunction from certain behaviours during visits with L. The Simons were restrained from approaching or contacting L without the Director-General's prior written consent.