Important cases — Contact orders

[3-1140] SM v Director-General, Department of Human Services [2010] NSWDC 250

Last reviewed: June 2024

Contact orders — mother and her family have supervised contact for three hours each time on a total of five occasions per year in school holiday periods — supervision by the Director-General or her delegate — mother applied to increase frequency of contact with supervision by family members — if court decides that supervision is required, contact cannot be ordered without consent of supervisor — contact ought be supervised by Director-General or a person approved by her — appeal dismissed.

Re Hamilton [2010] CLN 2

Application to rescind a care order and restore one child to the father — application for restoration abandoned — application for a contact order sought instead — whether contact with the father is in the best interests of the children — father has a serious criminal record for sexual offences against children and for indecent exposure — children exposed to domestic violence between the parents — possible sexual abuse and sexual grooming of the children by the father — meaning of “unacceptable risk of harm” — meaning of “permanency planning” — no realistic possibility of restoration — whether permanency planning has been appropriately and adequately addressed — importance of maintaining contact between siblings who are not placed together — children with special needs — autism and post traumatic stress disorder.

Re Liam [2005] NSWSC 75

Contact orders — s 86Care Act — interim contact order made by Children’s Court — s 86 requires Children’s Court to not only consider whether there should be any contact, but also whether such contact should be supervised — contact cannot be ordered without the consent of the supervisor — supervised contact with child permitted for 1½ hours, once per week, upon the basis of mother’s undertaking given to the Children’s Court.

Re Helen [2004] NSWLC 7

Contact orders — child’s attachment to her mother is significant and is already formed and will not be broken by moving or by creating a contact regime in which its importance and significance is insufficiently recognised — balance the benefits and risks of contact with primary focus on child’s best interests — orders for supervised contact and telephone contact.