NORSE & HOWIE

The case of *Norse & Howie* concerned an application by the maternal grandmother for orders that the child spend time with and communicate with her. The father and the Independent Children’s Lawyer opposed any such orders. The child had been diagnosed with a reactive attachment disorder and a moderate intellectual disability with delayed language development, and was receiving ongoing therapy and counselling. The maternal grandmother lacked insight into the child’s special needs and did not accept the evidence of the expert witnesses, presenting no alternative expert evidence. The mother had discontinued her response and taken no further part in the proceedings. The court was presided over by Strickland J.

The primary legal issue before the court was to determine what orders, if any, should be made regarding the child spending time with or communicating with the maternal grandmother, having regard to the best interests of the child. This required the court to consider the various factors outlined in section 60CC of the *Family Law Act 1975* (Cth), including the need to protect the child from harm, the nature of the child's relationship with other persons, the capacity of any person to provide for the child's needs, and the child's right to enjoy their Aboriginal culture.

Strickland J found that it was in the best interests of the child not to spend time with or communicate with the maternal grandmother. This conclusion was reached after considering the expert evidence, which supported no orders being made, and the maternal grandmother's lack of insight into the child's specific needs. While acknowledging the importance of the child's Aboriginal heritage, culture, and language, the court noted the father's willingness to facilitate this. The court applied the principles of section 60CC of the *Family Law Act 1975* (Cth), weighing the relevant considerations, and determined that the child's safety and well-being were paramount.

Consequently, the court ordered that all previous orders be discharged and that the child live with the father. The father was ordered to provide the maternal grandmother with regular updates on the child’s progress in therapy, counselling, and schooling. The court also made orders regarding the notification of address changes and discharged the order appointing an Independent Children’s Lawyer, dismissing all other applications.