Director-General, Department of Communities, Child Safety and Disability Services and Larson

The Director-General of the Department of Communities, Child Safety and Disability Services (the Director-General) appealed to the Queensland Court of Appeal against a decision of the Childrens Court of Queensland. The dispute concerned the appropriate orders to be made in relation to a child, A, who had been found to be a child in need of protection. The Director-General sought orders for A to be placed in the long-term care of her maternal aunt and uncle, while the child's mother sought orders for A to be returned to her care.

The primary legal issue before the Court of Appeal was whether the Childrens Court had erred in finding that it was not in A's best interests to be placed in the long-term care of her maternal aunt and uncle, and consequently, in ordering that A be returned to the care of her mother. This involved a consideration of the relevant provisions of the *Child Protection Act 1999* (Qld), particularly those relating to the paramountcy of the child's best interests and the factors to be considered when determining such interests.

Kent J, delivering the judgment of the Court, found that the Childrens Court had failed to adequately consider all relevant factors when assessing A's best interests. His Honour noted that the Childrens Court had placed undue weight on the mother's expressed desire for A's return and had not sufficiently explored the potential risks and benefits associated with both placement options. The Court applied the principle that the paramount consideration in child protection matters is the best interests of the child, which requires a holistic assessment of all relevant circumstances, including the child's safety, wellbeing, and development, as well as the capacity of the proposed caregivers to meet those needs. The Court also emphasised the importance of considering the child's views, where appropriate, and the need for a balanced assessment of the evidence presented by all parties.

The Court of Appeal allowed the Director-General's appeal, set aside the orders of the Childrens Court, and remitted the matter back to the Childrens Court for redetermination of the appropriate orders in accordance with the reasons of the Court of Appeal.