The Director-General of DFaCS (NSW) and Gail and Grace [2013] NSWChC 4
This case involves an application to vary final care orders in relation to two young Aboriginal sisters. The father of the girls is Aboriginal and their mother is non-Aboriginal. In 2012 the children were removed from their parents and orders were made proposing permanent out-of-home care by way of placement of the children with their paternal grandparents. The children were not placed with the paternal grandparents, but instead with the paternal aunt and her partner. The Director-General then submitted a revised permanency planning for consideration which proposes long-term placement of the children with the paternal aunt. Both the parents and the paternal grandparents oppose the proposed permanency planning and seek placement of the children with the paternal grandparents. It was held that placement with the aunt poses unacceptable risk of harm to the children. The sisters were ultimately placed with their paternal aunt, who is also Aboriginal.
