Simon and Peters & Ors (No 2)

This matter concerned an application by the applicant father, who is Aboriginal, for parenting orders concerning his child. The application was opposed by the first and second respondents, who are the child's maternal grandparents and have been the child's primary caregivers since she was five months old. The court was required to determine the best interests of the child in circumstances where the father sought to foster the child's connection with her Aboriginal heritage, while the grandparents sought to maintain their primary caregiver role, albeit with supervised contact with the father.

The court was required to consider the likely effect of any change in the child's circumstances, including the impact of separation from her primary attachment figures, the first and second respondents, with whom she had lived for an extended period. The court also had to consider the child's right to enjoy her Aboriginal culture and the likely impact of any parenting order on that right, given the applicant's Aboriginal heritage and his stated desire for the child to know and enjoy her culture.

The court noted that the child's primary attachment figures were the first and second respondents, and that removal from their care would likely cause her significant distress. While acknowledging the importance of the child's Aboriginal heritage and the applicant's role in fostering that connection, the court expressed grave concerns about the capacity of both the mother and the applicant to care for the child without supervision. The first and second respondents, while supportive of the child's Aboriginal identity and the applicant's role in that regard, also indicated that supervised contact was necessary for the child's safety.