Nineth and Nineth (No. 2)

This matter concerned an application by MS G NINETH and an oral application by the child J's mother, which were dismissed by Murphy J. The dispute centred on the parental responsibility for the child, J, born in August 2005.

The court was required to determine whether to remove parental responsibility from the parents and, if so, to whom it should be conferred. Specifically, the court considered the conferral of "parental responsibility" as defined in the *Family Law Act 1975* (Cth) upon the child's maternal grandmother, MS MOLDOW.

Murphy J reasoned that, pursuant to s 61D(2) of the Act, parental responsibility was expressly taken away from the parents. This decision was based on the court's assessment of the circumstances, leading to the conferral of parental responsibility upon MS MOLDOW under s 61D(1) of the Act. This conferral included the exclusive right to decide where, when, and with whom the child would live and spend time, as well as decisions regarding the child's engagement with their Aboriginal heritage.

The orders stipulated that MS G NINETH was to transfer the child into MS MOLDOW's care by 4.00 pm on 20 December 2010. However, MS MOLDOW was required to facilitate specific periods of residence with MS G NINETH between 20 December 2010 and 21 January 2011, and to facilitate agreed-upon time and communication between the child and MS G NINETH. All other extant applications were dismissed, the Independent Children's Lawyer discharged, and provisions made for the return of documents and exhibits.