Astbury and Ors and Astbury

In the matter of *Astbury and Ors and Astbury*, heard by Judge Scarlett, the dispute concerned interim parenting orders for a nine-year-old child following the recent death of his mother. The maternal aunt and uncle (the applicants) sought orders for the child to live with them, while the child's father (the respondent) sought orders for the child to live with him.

The court was required to determine the best interests of the child in relation to his residence and parental responsibility. Additionally, the court considered an application for a change of venue, specifically a transfer of the proceedings to the Brisbane Registry for the convenience of the parties.

In reaching its decision, the court applied the paramount consideration of the child's best interests as stipulated by section 68C of the *Family Law Act 1975*. The court reasoned that it was in the child's best interests for the father to have sole parental responsibility and for the child to live with him. The court also ordered that the child spend time with the maternal aunt and uncle on alternate weekends during school terms, with specific arrangements for communication and school attendance. The court further ordered that the child attend grief counselling and that his interests be independently represented by a lawyer. The proceedings were transferred to the Brisbane Registry.