The appellants appealed a trial decision making their two children Crown wards without access.
The appellants argued the trial judge failed to properly consider the mother's Aboriginal heritage, misinterpreted her 'flat affect', ignored positive evidence, and failed to consider less intrusive alternatives.
The appeal court dismissed all grounds, finding the trial judge made no palpable and overriding errors and properly prioritized the children's best interests, noting the parents' chronic inability to safely parent and the severe failure to thrive of one child.
The court also strongly criticized the systemic delays in the child protection proceedings, noting the children had been in foster care for over four years.
