Bush and Bush and Anor

In the matter of *Bush and Bush and Anor*, heard before Judge Harman, the dispute concerned an application by the child's grandmother, Ms Bush, for sole parental responsibility for the child, [X]. The application was brought in circumstances where the child's mother had allegedly exposed [X] to abuse and neglect, and the father was not actively involved in the child's life.

The court was required to determine several key legal issues. These included the paramount consideration of the best interests of the child, specifically balancing the benefit of a meaningful relationship with both parents against the need to protect the child from harm. The court also considered issues of due process, including the determination to proceed on an undefended basis, and the implications of the *Makita & Sprowles* issue raised in the family report. Furthermore, the court addressed the child's right to the identification and practice of their culture.

Judge Harman reasoned that the mother's conduct had created a situation where the child's safety and well-being were compromised, necessitating a departure from the usual presumption of equal parental responsibility. The court applied the principles enshrined in the *Family Law Act 1975*, particularly those relating to the best interests of the child, and considered the evidence presented, including the family report, to assess the risks and benefits associated with different parenting arrangements. The court found that granting sole parental responsibility to the grandmother was in [X]'s best interests, given the circumstances of parental neglect and absence.

Consequently, the court ordered the discharge of all prior parenting orders concerning [X]. Ms Bush was granted sole parental responsibility and the child was ordered to live with her. The court further made orders restraining both parents from removing [X] from Ms Bush's care pursuant to s.68B of the *Family Law Act 1975*, and discharged the Independent Children's Lawyer.