Jasper and Jasper (Deceased)

In the matter of Jasper and Jasper (Deceased), Young J considered an application concerning a child born in December 1994. The proceedings involved the father and the estate of the deceased mother. The court was required to determine the immediate living arrangements for the child pending further orders and to address the father's application for the child to live with him.

The court's reasoning focused on the welfare of the child and the need for interim orders to ensure stability. Young J discharged an application filed on behalf of the deceased mother and excused her solicitor from further attendance. Leave was granted to the father to make an oral application for the child to reside with him. The court also made specific directions regarding the filing of a formal written application by the father, the service of documents on the Independent Children’s Lawyer, and the production of evidence, including drug screen results and court documents from previous proceedings.

Interim orders were made for the child to live with the father until a further hearing on 14 January 2009, with the father to be in substantial attendance and to facilitate contact between the child and her maternal family. The court also directed the transcription of evidence from the Family Consultant and the father, and ordered that the child attend court with the father on the adjourned hearing date. The orders incorporated a fact sheet detailing obligations and potential consequences of contravention, pursuant to sections 65DA(2) and 62B of the relevant legislation.