Interim care orders under the Children and Young Persons (Care and Protection) Act 1998 (NSW) cannot be used to achieve what amounts to final relief — specifically, repatriating children from the jurisdiction — without first obtaining a final order under s 72 on the balance of probabilities and presenting a care plan under ss 78 and 80. The standard for interim care orders is less stringent than the balance of probabilities and should not be expressed by labels such as 'prima facie case' or 'arguable case' but is to be discerned from the statutory requirements in ss 69, 70 and 70A. A subsequent abuse of process does not necessarily taint earlier legitimately obtained orders if the abuse is fundamentally severable from the earlier proceedings.
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