Thomas & Anor & Franklin

The matter of *Thomas & Anor & Franklin* concerned an application before Hogan J in the Family Court of Australia. The applicants, identified as foster parents, sought orders concerning a child who had previously been a victim of child abuse and neglect. The central dispute revolved around the risk posed to the child should they be returned to the care of their mother, with whom the child had recently been reunified.

Hogan J was required to determine whether there was an unacceptable risk to the child living with the mother, considering the historical findings of abuse and neglect. The court also had to consider the appropriate arrangements for the child's living situation and the extent to which the child should spend time with their mother, in light of the reunification that had already occurred.

In reaching a determination, Hogan J applied principles of child welfare and risk assessment. The court considered the evidence presented regarding the mother's capacity to provide a safe environment and the ongoing needs of the child. The judgment reflected a careful balancing of the child's safety and wellbeing with the importance of maintaining a relationship with the birth parent, where appropriate and safe. The court ultimately ordered that the child was to return to live with the foster parents, while also making provision for the child to spend time with the mother.