The District Court made care orders until age 18 for three children after finding their health, development and welfare had been, and were likely to be, avoidably impaired or neglected if they returned to their parents’ care at that time.
The Child and Family Agency (CFA) had sought orders under section 18(1) of the Child Care Act 1991. The parents opposed the application and sought the children’s return. The court said the parents had reunited by the end of the hearing and considered their position as joint carers.
The judge found that the children had experienced emotional trauma and neglect during periods when their mother’s mental illness left her unable to provide adequate care. The judgment said this was not intentional. It also found that the parents had failed to ensure regular medical appointments and treatment for two children with sickle cell disease, which requires ongoing care.
The court accepted concerns about the father’s parenting capacity, including his limited insight into the effect of the mother’s illness on the children and questions about whether he could protect them. The judge acknowledged shortcomings in the assessment methodology but found they were not sufficient to make its conclusions unreliable. The court also found the father did not have an intellectual disability and had some capacity to learn, while concluding that he had not yet developed adequate parenting skills. It directed the CFA to continue providing guidance and support.
The judge noted that the mother was then well and complying with treatment, but considered her recovery to be at an early stage and the risk of relapse high. The judgment said she could apply in future to have the order discharged if her wellbeing continued. It also said the father could seek discharge if he developed the necessary skills.
The court directed access between the parents and children under section 37, and adjourned the father’s application for increased access to a date in October 2014. It directed a further court review in September 2015 of the parents’ progress, engagement with services and access. The CFA was ordered to provide or arrange supports identified as necessary to help each parent develop parenting capacity.
The judgment also set future court listings concerning after-care planning for each child and reserved applications for costs to 17 September 2014. The orders did not rule out a future return of the children to either parent; any such change would require a later application and consideration by the court.