Yarnall

In the matter of DNC 671 of 2020, Ms Yarnall, the maternal aunt, sought orders for sole parental responsibility and for the children, X and Y, to live with her. There was no respondent named in the proceedings. The application was heard by Young J.

The central legal issue before the court was whether to grant the maternal aunt sole parental responsibility for the children and to order that they live with her. This determination was made in circumstances where the children's mother had died in 2020 and their father was not recorded on their birth certificates.

The court was satisfied that the maternal aunt was well-placed to care for and raise the children as if they were her own. Applying the relevant principles, the court made orders granting Ms Yarnall sole parental responsibility for the children and ordering that the children live with her. The court also noted the circumstances of the children's parentage and the maternal aunt's suitability to care for them.