Following a trial over parenting arrangements for an Indigenous child whose mother had died, the court determined primary residence, shared decision-making, and grandparent contact under the Children’s Law Reform Act and the federal Indigenous child welfare legislation.
The court held that stability, the child’s existing bond with the de facto primary caregiver, and the father’s support for that placement favoured maintaining the status quo in the caregiver’s home.
The court found that joint decision-making with the maternal grandmother was unworkable given severe conflict, but also found a real risk that the child’s relationship with her maternal family would be imperilled without judicial intervention.
Applying the grandparent access jurisprudence, the court ordered a structured schedule of weekly, overnight, holiday, and summer contact for the grandmother while preserving the child’s cultural continuity and family connections.
