ALECOMM

What can you do if DOCS breaches orders in the NSW Childrens Court?

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Category: DOCS Information

Created: Wednesday, 06 April 2011 15:58

Written by Alecomm

The Director-General or a party to proceedings in which an order accepting an undertaking was made may notify the Children’s Court of an alleged breach of an undertaking.

The Children’s Court, on being notified of an alleged breach of an undertaking:

            (a)  must give the parties an opportunity to be heard concerning the allegation, and

            (b)  is to determine whether the undertaking has been breached, and

            (c)  if it finds that the undertaking has been breached, make such orders as it considers appropriate in all the circumstances.

An application for further orders under this section is not a variation application under section 90 (Rescission and variation of care orders) and the Children’s Court may make any orders that it could have made when the order for undertakings was made.
(Source : http://www.legislation.nsw.gov.au/fullhtml/inforce/act+157+1998+FIRST+0+N#ch.5-pt.2-sec.61a)

Comments

+2 #2 59 Evidentiary Status of Assessment Report — Guest 2011-09-09 12:21

"An assessment report submitted to the Children’s Court under this Division is taken to be a report to the Children’s Court rather than evidence tendered by a party."

+4 #1 RE: What To Do If DoCS Breaches Orders in Childrens Court — Guest 2011-09-01 00:08

I want to know, if a court orders an expert psychologists report to assist the court in making a decision on long term placement of children, are docs able to act on said report, even though all parties have objected to the accuracy of such report, 2 months before the Final Hearing?

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