The applicant grandmother brought an urgent motion for the return of her grandchild after the respondent biological father withheld the child following the death of the child's mother.
The child had resided with the applicant since 2012 when both parents were arrested on drug charges.
The court found the matter urgent due to the withholding of the child.
Applying the best interests of the child test under the Children's Law Reform Act, the court determined that the status quo should be maintained.
The applicant was granted temporary primary residence and decision-making authority pending the respondent's criminal trial, with weekend access granted to the respondent.
