Adamsson & Rautio [2026] FedCFamC1F 98 (13 February 2026)

(a) The children's education (both current and future);

(b) The children's religious and cultural upbringing;

(c) The children's health;

(d) Changes to the children's living arrangements including any which make it significantly more difficult for the children to spend time with a parent;

(e) Requesting that the Health Insurance Commission issue a card for the children and claiming Medicare benefits for them;

(f) Requesting the issue of any document which prove or establish the identity of the children; and

(g) Dealing with the Department of Foreign Affairs and Trade, Passport Offices and visa providers for the purposes of overseas holidays or school trips for the children.

1. That the applicant have responsibility for all day-to-day decisions with respect to the children.

1. That the children live with the applicant.
2. That the children shall spend no time with nor communicate with the father.
3. That pursuant to s 68B of the Family Law Act 1975 (Cth), an injunction is hereby issued restraining the father, whether by himself, his servants or agents from:

(a) Entering or remaining in a place of residence, employment or education of the applicant or any other member of the maternal family of the children, or any place where they or any maternal family of the children is receiving or attending to receive the benefit of medical or other professional or other services, or from attempting to enter such place or places;

(b) Entering or remaining in a specified area that contains a place of a kind referred to in Order 6(a);

(c) Entering or remaining in a place of residence, employment or education of the applicant or any other member of the maternal family of the children, or any place where they or any maternal family of the children is receiving or attending to receive the benefit of medical or other professional or other services, or from attempting to enter such place or places;

(d) Entering or remaining in a specified area that contains a place of a kind referred to in Order 6(c);

(e) Using any carriage service or social media to make contact with, message, communicate with the applicant or to publish to or interact via any social media application, any material or content concerning the children and/or the applicant for any reason;

(f) Taking possession of the children or attempting to do so; and

(g) Instructing or requesting any other person to do any of the acts referred to in Orders 6(a)-(f) inclusive.

1. That for the purposes of Order 6 hereof, the specified area is 300m.

1. That a copy of these Orders be published to the Department of Families, Seniors, Disability Services and Child Safety.
2. That the applicant be at liberty to provide a copy of these Orders to all service providers for the children, including but not limited to the children's schools and daycare, treating medical practitioners, any other doctors, therapists, counsellors, professionals who provide services to or for the benefit of the children, government departments and health insurers.
3. That these Orders are authority for the applicant to schedule and consent to treatment, therapy, schooling, programs, care, services and the like for the children, and to give and receive such information from service providers as a parent would ordinarily receive.

1. That pursuant to s 65Y of the Family Law Act 1975 (Cth), the applicant is permitted to take or permit the children to travel overseas for the purposes of holidays or school trips.
2. That pursuant to s 11 of the Australian Passports Act 2005 (Cth), the applicant is hereby authorised to execute all documents necessary to obtain an Australian Passport and travel documents for and on behalf of X born in 2020, Y born in 2022, and Z born in 2024, without the need for any parent's signature.

1. That the event any wording in these orders constrains or otherwise fetters the applicant's ability to deal with service providers for the child/ren, they have liberty to approach chambers under r 10.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) deposing to the problem and proposing relevant amendment/s by way of affidavit.

1. That pursuant to s 65DA(2) of the Family Law Act 1975 (Cth) the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in "Parenting Orders - obligations, consequences and who can help" and these particulars are included in these orders.
2. That the s 67ZBD response received from the Department of Families, Seniors, Disability Services and Child Safety on 12 February 2026 has been marked as Exhibit 3 in these proceedings and which says no child protection concerns have been received while the children have been in the care of the applicant and his partner.

1. That the s 67ZBD response received from the Queensland Police Service on 4 February 2026 has been marked as Exhibit 4, which indicates they have no further records since the last provision of information.

Note: The form of the order is subject to the entry in the Court's records.

Note: This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Adamsson & Rautio has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. The children in this matter are X born in 2020, Y born in 2022, and Z born in 2024 ("the children").
2. In 2025 the children's mother and a child from an earlier relationship with a previous partner died.
3. On the evidence before me, the mother's eldest child and the three subject siblings were a sibship of four.
4. The three subject children's father is on remand in a correctional facility having been charged with the mother's and her eldest child's murder.
5. The applicant, Mr Adamsson, is the mother's brother and thus the children's maternal uncle.
6. Arising out of the circumstances of the mother's and her eldest daughter's death, the children were taken to a hospital and, as of November 2025 (being the date upon which the applicant signed his affidavit) two of the three children had been discharged from hospital. The middle child remained in hospital at that date and the applicant said the doctors were unsure when she would be discharged.
7. In that same affidavit, the applicant deposed:[1]
   1. I understand and have been informed that the Department of Child Safety will intervene in the near future if no steps are taken with respect to the arrangements.
   2. I do not wish for this to occur as I would like the children to remain with family who are able to care for them and keep intact their family ties and connection to culture and community.
   3. [Ms B], the children and I are currently staying at the Ronald McDonald House in [City C] while the [Y] is still in hospital.

...

1. [X] and [Z] have now been discharged and are staying with us at Ronald McDonald House, but [Y] is still admitted at the hospital due to her significant injuries.
2. As the children and also I am not from [City C], once the children are discharged from hospital, we would like to move into the home where the children previously lived with my sister. This house is in [Town D] and [Ms B] and I intend to move there and be with the children.
3. I would prefer an Order of the Court which provides for the children to live with me and for me to be able to make decisions for them to ensure a smooth transition while both we and the children grieve and adjust to what life is now.
4. I am absolutely devastated by the recent events and are still trying to process it all but want the children to has [sic] as much minimalization of change to their lives while they adjust to losing their Mum.

1. On 1 December 2025 the applicant's Initiating Application and affidavit (signed on 28 November 2025) were accepted for filing in the Federal Circuit and Family Court of Australia. The matter was transferred to Division 1 and referred to the Critical Incident List.
2. The first return was held on 5 December 2025.
3. The matter was accepted into the Critical Incident List because the children needed an appropriate adult who was on the ground with them and able to make urgent medical and health care decisions for them.
4. The father appeared from his correctional facility on the first return and appropriately agreed to Orders enabling the maternal uncle to make urgent major long-term decisions that were required for the children.
5. On that first return I also made Orders for the father to file material by 6 February 2026, if he wanted to participate in the proceedings. He did not. I also made Orders if any of his mob wished to be involved in the proceeding, then they could file response material by the same date. No one did. In the circumstances, which is well known to the parties and does not need to be elaborated upon here, I make no criticism of their decisions not to do so.
6. The father again appears today, on the second return, from his correctional facility and has taken, what I will call, a pragmatic approach - he understands decisions need to be made for the children, he understands they need to live with someone and consents to the orders that I discussed with both he and the applicant's legal representative before I gave these Reasons.

1. On both the first return and the second return, I have been greatly assisted by s 67ZBD information from the Queensland Police Service ("the Police") and the Department of Families, Seniors, Disability Services and Child Safety ("the Department"). This Notation was included in the first return Orders of 5 December 2025:
   1. It is the preliminary view of the Department of Families, Seniors, Disability Services and Child Safety that they support the children living with the applicant and his partner.
2. Yesterday, 12 February 2026, the Court received an updated s 67ZBD report from the Department. I thank the co-located officer for the thoroughness of that report. It is of great assistance in understanding the children's progress and the applicant's support of them, no doubt assisted by his partner.
3. It is clear to me that the Department is assisting the family with support and the applicant is doing all he can to access the support needed by the children and to engage with the Department.
4. The report of yesterday concluded:
   • No child protection concerns have been received while the children have been in the care of [Mr Adamsson] and [Ms B].

The investigation is in progress.

Recommendations

To assist the Court further the following recommendations are made -

• Make further section 69ZBD [sic] order in mid-April 2026 (it is anticipated the investigation will be finalised within this timeframe)

(Emphasis in original)

1. I will discuss whether I need to delay the making of final orders for the investigation to be completed, or not, later in these Reasons. For the moment, I observe the Department has the power to seek its own orders should the need arise. But there is no evidence before me that there is a current need to do so. Rather, as said, the applicant is doing all he can - no doubt supported by his parter - to provide for the children and their varied needs.
2. The updated report from the Police indicates they have no update about the applicant, his partner, the children or the father.

1. The applicant relied upon the following material:

(1) Initiating Application filed 1 December 2025;

(2) Notice of Child Abuse, Family Violence or Risk filed 1 December 2025;

(3) Genuine Steps Certificate filed 1 December 2025;

(4) Affidavit - Non-Filing Family Dispute Resolution Certificate filed 1 December 2025;

(5) Affidavit of Ms B filed 1 December 2025; and

(6) Affidavit of Mr Adamsson filed 1 December 2025.

1. The annexures to each of the affidavits have been marked as Exhibits as required by r 8.15(3)(e) of the Federal Circuit and Family Court of Australia (Family Law Rules) 2021 (Cth).
2. I also have s 67ZBD reports from the Police and the Department, all of which have been marked as Exhibits.

1. Section 60CG of the Family Law Act 1975 (Cth) ("the Act") imposes a statutory imperative to ensure that a parenting order does not expose a person to an unacceptable risk of family violence and empowers the Court to include in the order any safeguards that it considers necessary for the safety of those affected by the order.
2. Section 65D(1) of the Act provides the Court can make such parenting orders as it thinks proper (subject to s 65DAB of the Act, which is irrelevant for present purposes). A "parenting order" is defined in s 64B of the Act. Section 60B of the Act sets out the objects of Part VII of the Act, and that is:

The objects of this Part are:

(a) to ensure that the best interests of children are met, including by ensuring their safety; and

(b) to give effect to the Convention on the Rights of the Child done at New York on 20 November 1989.

1. Section 60CA of the Act provides that a child's best interests are the paramount consideration in making a parenting order. Section 60CC of the Act addresses those best interests and provides:

(1) Subject to subsection (4), in determining what is in the child's best interests, the court must:

(a) consider the matters set out in subsection (2); and

(b) if the child is an Aboriginal or Torres Strait Islander child - also consider the matters set out in subsection (3).

1. Notably, s 60CC(1)(b) concerns children who are Aboriginal or Torres Strait Islander.
2. Subsection (4) does apply - that is with respect to consent orders, but I nevertheless am giving Reasons for why I am finalising the matter, and for the benefit of the co-located officers of the Department.
3. Section 60CC(1)(b), to which I have just referred and s 60CC(3), do apply because the children are Aboriginal. I will return to that.

1. For the purposes of determining the children's interests, there are a number of matters I must consider insofar as they are relevant.

(a) what arrangements would promote the safety (including safety from being subjected to, or exposed to, family violence, abuse, neglect, or other harm) of: (i) the child; and (ii) each person who has care of the child (whether or not a person has parental responsibility for the child);

1. Quite clearly, the reports from the Police and the Department give comfort that the children are as safe as they can be in the applicant's care.
2. The very fact the applicant has brought this application, so he can make decisions for the children, indicates to me that he is taking the steps he needs to prioritise their safety.

1. This is not really a views matter. This is about the children getting the supports they need.
2. The children, of course, are of a tender age. The oldest will be six this year, the middle one will be four this year and the youngest will be only two this year.
3. I have no doubt that when the Department gave its preliminary view that the children remain with the applicant in the first s 67ZBD report, and in their recommendations to me now, they had the children's views in mind, in so far as they could be expressed given their tender ages.

**_(c) the developmental, psychological, emotional and cultural needs of the child;

(d) the capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child's developmental, psychological, emotional and cultural needs;_**

1. Subsections 60CC(2)(c) and (d) go hand in hand.
2. As ought be clear by now, I am well satisfied that the applicant, no doubt assisted by his partner, is able to meet the children's needs. I am also satisfied that given both the applicant and his partner are Aboriginal, they will be able to meet the children's cultural needs as well.
3. I have information before me, which is not necessary to repeat in these Reasons, that they are well connected to culture, to mob, and to land. I have no doubt that will continue.

(e) the benefit to the child of being able to have a relationship with the child's parents, and other people who are significant to the child, where it is safe to do so;

1. Plainly, the children do not have the benefit of a relationship with either their mother or their father now, but they certainly have a connection to the maternal uncle and his mob.

(f) anything else that is relevant to the particular circumstances of the child.

1. Here, I pick up the recommendation from the Department that I issue a further s 67ZBD update in mid-April when their investigation is concluded.
2. One of the points of the Critical Incident List is to get people, like the applicant, in and out of this Court as expeditiously as the children's best interests will allow. I see no reason to delay finalising the matter in this Court today.
3. I do so understanding full well that the Department is working with the family, with the applicant, with the children, with his partner, and they are receptive to that. The Department is, of course, an entity which itself can bring applications for orders if there are children in need of protection. So that is something that may occur if the need arises down the track, but I presently see no concerns in that regard.
4. Therefore, I do not see, respectfully, the point in delaying finalisation of this matter.
5. The applicant and his partner have enough on their plate, particularly given the children's medical needs and the supports that they are receiving. The last thing they need is to come back to this Court at some point in the future just for a progress report. But again, I stress that is in circumstances where they are working with the Department, the Department is working with them and they are receptive of those supports. The applicant needs to be tending to the children's many medical and health needs, and there will become education needs too at a point in time, rather than coming and visiting me for a progress report.
6. In those circumstances, I will make final orders today in the terms that I discussed with the applicant's legal representative and the father at the start of this hearing.

I certify that the preceding forty-four (44) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of the Honourable Justice Brasch.

[1] Affidavit of Mr Adamsson filed 1 December 2025.