Re M (No 4) - BM v Director-General Department of Family and Community Services (named Department of Community Services in Summons)

[2013] NSWCA 97

NSW Court of Appeal

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Interrogate

Catchwords

1. Equity
2. › Parens patriae jurisdiction
3. › Children
4. › Interlocutory injunctive relief
5. › Whether exceptional circumstances established to interfere with orders of specialist court
6. › Children and Young Persons (Care and Protection) Act 1998 (NSW)
1. Practice and Procedure
2. › Parens patriae jurisdiction
3. › Relationship with specialist courts
4. › Whether Supreme Court should interfere with considered orders of Children's Court and District Court
5. › Whether relief sought tantamount to impermissible appeal

Quick Take

The parens patriae jurisdiction of the Supreme Court will not be exercised on an interlocutory basis to prevent restoration of children to a parent's custody where the matter has been fully litigated in the Children's Court and on appeal to the District Court, and the allegations of danger have been considered and rejected by multiple judicial officers. Relief that is tantamount to an appeal from the District Court does not fall within the scope of the parens patriae jurisdiction where no statutory appeal lies.