SYDNEY — A bid by the Department of Community Services to take two children into care has been rejected by a Supreme Court judge who ruled she had no ...
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“Circumventing the timelines by allowing the minister to delay bringing an application does not serve the children's interests it only serves to sidestep the court’s oversight powers under the legislation,” said MacLeod-Archer. In September of that year, social workers received a report from police regarding an assault on the mother by the father after she had taken the children and fled the family home to Transition House – a shelter for abused women and their children.
The mother told the court that she felt she had no choice but to consent to having her children placed with their grandmother. As noted by the judge, the difference is important because a plan imposed on the parents would trigger provisions under the Children and Family Services Act requiring the case to be brought before a court within five days of having the children live with the grandmother.
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