Parens patriae — plaintiff is the paternal grandfather of a child assumed into care shortly after her birth and who was placed with a long-term carer under the parental responsibility of the Minister — after contested proceedings the Children’s Court grants parental responsibility for the child to the Minister — plaintiff commences appeal proceedings in the District Court — plaintiff brings a summons in this Court’s parens patriae jurisdiction against the Secretary of the Department, seeking similar orders to those sought in the District Court appeal proceedings — the defendant brings a motion into strike out the plaintiff’s summons as frivolous and vexatious and an abuse of process — the plaintiff discontinues the District Court appeal proceedings — the defendant presses forward with the motion — whether there are exceptional circumstances sufficient to enliven this Court’s parens patriae jurisdiction — whether these proceedings are frivolous and vexatious or abuse of process — summons struck out.

Parens patriae — a Health Authority, the plaintiff, seeks orders authorising the administration of blood and blood products to a minor aged 17 who is undergoing surgery under general anaesthetic — minor refuses to consent to the administration of blood and blood products during the surgery — whether the Court should authorise the administration of blood and blood products — administration of blood products to AC during the forthcoming medical procedure authorised on terms.

Parens patriae — the plaintiff, the paternal grandmother of a child under the care of the Minister seeks urgent relief for the removal of the child from the Minister’s care and the placement of the child with the plaintiff and her husband — the child is due to be placed with a non-kin carer within days with a view to long-term placement with that carer following a hearing in the Children’s Court exercising jurisdiction under the Children and Young Persons (Care and Protection) Act 1998 — the defendant, the Secretary of the Department of Communities and Justice (DCJ) opposes the relief sought — whether the application raises exceptional circumstances warranting the exercise of the Court’s parens patriae jurisdiction — discussion of delay in obtaining a response from DCJ — comments made about the need for more accessible points of contact at DCJ and communication for the Court and parens patriae plaintiffs — summons dismissed.

Parens patriae — application for secure accommodation orders — secure accommodation orders made in November 2022 for neurologically affected child exhibiting self-harming behaviours and at significant risk of sexual abuse — progression of child through a protective care and transformative program designed to restore the child to life in the community having had the benefit of appropriate health and educative supports — transition leave sought and ordered.

Parens patriae — secure accommodation orders — protective care and transformative program explained — care supports and their aims described.

Parens patriae — secure accommodation orders — transition considerations explained — leave to transition necessarily to be assessed by reference to viable placement alternatives — proposed placement remote from child’s former carers — no closer acceptable alternative placement readily available — balancing of risks associated with move to proposed distant placement against risks associated with delaying transition — diminishing returns to be gained by keeping child within the existing program and facility — further confinement with potentially unduly prolonged delay might be counter-productive — on balance, transition is appropriate — nature of the protective jurisdiction enables the Court to stand ready to meet exigencies of setbacks if risks materialise.

Parens patriae jurisdiction — where mother of child in foster care seeking injunction against Minister removing the child from the State of New South Wales — where mother’s application in the Children’s Court for recovery of the child is pending — whether in the best interests of the child.

Parens patriae jurisdiction of the Supreme Court — Grandfather of child in care simultaneously lodges an appeal to the District Court of NSW from orders of the Children’s Court of NSW and applies to the Supreme Court for parens patriae orders — Supreme Court proceedings summarily dismissed as vexatious and an abuse of process — best interests of child favour expedited determination of District Court appeal

Infant in care of plaintiffs — Minister and Secretary pursuing transition plan for permanent placement with paternal uncle — application to restrain Minister from removing child — exceptional exercise of parens patriae jurisdiction of Supreme Court — child has been physically in the care of the plaintiffs for 15 months and appropriately cared for by them — maintain status quo in order for plaintiffs to be given written notification of the reasons for Minister’s decision should they seek to review decision — Minister restrained from removing child from his current placement with plaintiffs until further order.

Care Act s 44 — parens patriae jurisdiction — 15-year-old boy with autism spectrum disorder and avoidant food intake disorders — medical intervention in hospital due to weight loss — DFaCSJ allocated parental responsibility for medical issues by Supreme Court and an interim care order until the boy turned 18 granted by the Children’s Court — parents applied to vary care order but application dismissed — court should exercise caution in summarily dismissing proceedings where parents self-represented and had an incomplete understanding of procedure — court has a responsibility to ensure some degree of instruction as to the process which was being put in place — when dismissing proceedings, judge did not consider whether orders made in Children’s Court were not in best interests of the boy and whether court was not dealing expeditiously with issue of continuing care when determining the best interests of the boy — leave to appeal granted.

Exercise of parens patriae jurisdiction — where orders in place for parental responsibility and secure accommodation — continued availability of jurisdiction where child soon to attain 18 years of age but is not capable of managing her affairs — importance of ability to detain and restrain child to ensure proper care — where guardianship order does not include powers to detain and restrain — where guardianship order does not provide adequate safety net as alternative to parental responsibility and secured accommodation orders — unwillingness to discharge court orders upon child’s attaining 18 years of age until satisfied appropriate replacement orders in place.

Parens patriae jurisdiction — application to prevent removal of child from temporary carer — carer accused of assaults against other children in her care — the presence of risk, as determined by the Children’s Guardian, an automatic bar to a person being engaged in child-related work — statutory obligation on FaCS to remove child — parens patriae power not capable of dispensing with statutory obligations — residual parens patriae power to remove child from Minister’s care in aid of statutory care responsibilities — court has power to make child ward of the court — best interest of the child in out-of-home care — where removal would undermine the child’s bonds with the temporary carer — where need to protect child from risk of harm — where exercising jurisdiction would circumvent statutory child protection regime — court (not without regret) did not exercise parens patriae jurisdiction.

Invocation of parens patriae jurisdiction of the Supreme Court — whether the Children’s Court had jurisdiction to make orders under s 4(a) and (c) Care Act — jurisdictional error — Children’s Court order quashed.