Auroora [2025] FedCFamC1F 688 (26 September 2025)

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

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

(c) The children's health;

(d) Requesting that Medicare issue cards for the children and claiming Medicare benefits for the children;

(e) Requesting a copy of the children's birth certificate and dealing with the Office of Births, Deaths and Marriages;

(f) Dealing with NDIS and making any applications required; and

(g) Dealing with the Department of Foreign Affairs and Trade, Passport Offices and visa providers.

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

1. That pursuant to s 114Q of the Family Law Act 1975 (Cth), the applicant is granted leave to publish a copy of these orders to all service providers for the children, including but not limited to the children's school, treating medical practitioners, any other doctors, therapists, counsellors, government departments, health insurer, passport and visa providers, or, for securing any financial support for the children.
2. That these orders are authority for the applicant to schedule and consent to treatment, therapy, schooling, programs, 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 the child overseas.
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 Y born in 2015 and X born in 2013.

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, they have liberty to approach chambers (with an affidavit) (via email) under r 10.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) setting out the problem and proposing relevant amendment/s.

1. That pursuant to s 65DA(2) of the Family Law Act 1975 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 an updated s 67ZBD report received from the Department of Communities and Justice (NSW) on 24 September 2025 is marked as Exhibit 4 and an updated s 67ZBD report received from the NSW Police Force in late 2025 is marked as Exhibit 5 in these proceedings.

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 Auroora has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. X was born in 2013 and Y was born in 2015 ("the children"). Earlier this year, X and Y lost their mother. She died towards the end of April 2025. The children's father also passed in December 2022.
2. X and Y have lived with the applicant in this matter since April 2025. The applicant is their maternal sister.
3. The applicant is the oldest of seven children as between her late mother and then partner. Subsequently, the mother partnered with Mr B and had two children, who are the subject of this matter.
4. The applicant herself has three little children.
5. The applicant has been child focused in welcoming X and Y into her home, along with her three little ones. It is not lost on me that not only have X and Y lost their mother but so has the applicant.
6. I have an affidavit from the applicant, who is on the maternal side, and I also have affidavits from the paternal side. The paternal aunt and uncle are supportive of X and Y remaining with the applicant.
7. The applicant is not a stranger to X and Y at all; indeed, she describes a warm, extended and large family. She deposes that she [the applicant] lived with the mother, X and Y from at least 2015 to 2017.
8. The applicant described a very close bond with her young siblings, and there is no reason to doubt that.
9. The matter first came before me on 22 August 2025 and was brought into the Critical Incident List. Urgent major long-term decisions were needed for X and Y, particularly with respect to education issues and there were some medical issues looming as well.
10. It is pleasing to see that both children, X and Y, are now at the C School, which means they are there with the applicant's oldest son, albeit different grades. Not only does that make things logistically easier for the applicant, but it also gives X and Y a sense of community or belonging to a sibship at school too. I imagine the applicant's younger children, D and E, will follow suit when the time comes.
11. The matter comes before me for a second return today, still in the Critical Incident List.
12. I have received updated s 67ZBD material from the Department of Communities and Justice (NSW) ("DCJ") and the NSW Police Force ("the police") and marked those as Exhibits 4 and 5. At the first return of the matter, I received s 67ZBD material from those entities, which were marked Exhibits 1, 2 and 3.
13. The applicant and indeed all children are known to DCJ and the police, but not in any way that causes any great concern. However, what the police material reveals is that the applicant, particularly in updated material, has reached out to the police as the victim or complainant when she has needed.
14. Whilst she and the children should be safe as of right, and whilst others ought not put her and the children in an unsafe position, the Exhibits nevertheless demonstrate she can engage with police when needed.
15. Since the first return, the applicant has also had some dealings with DCJ, but nothing therein gives rise to any serious cause for concern. Indeed, it seems a perhaps disgruntled neighbour made a notification about the applicant's children and the subject children being on the streets at 10.00 pm. Whoever the notifier was, that person was unable to answer any questions one would expect he or she could answer if they had any particular knowledge of the children. I am satisfied by the applicant's explanation to DCJ that she has a good routine for all children and they are in bed at appropriate times and not roaming streets at 10.00 pm at night, as the notifier alleged.
16. I do however accept though, as the applicant deposes, that X will storm outside at times. He is 12 years old. He is a pre-teen. He has lost his mother and now finds himself living in different circumstances.
17. One of the first things the applicant did after the mother's passing was to apply for a larger house. It seems that some of X moments of angst are not only because he is almost a teenager, but because X and Y, the applicant and her three children are all living in housing which would have been entirely appropriate for the applicant and her children (one adult and three little children), but would now be a little cramped for the wider sibship (one adult, the three little children, and two pre-teens, being the subject children). I am told the applicant is pursuing a larger home as expeditiously as she can, but I understand that dealings with government departments and the availability of larger housing takes time.
18. As said, I have now received affidavits from the paternal uncle and aunt who are satisfied with X and Y staying with the applicant.

1. Section 60B of the Family Law Act 1975 (Cth) ("the Act") sets out the objects of Part VII of the Act:

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 makes it plain that children's best interests are paramount.
2. There are other provisions as well that are relevant to parenting matters, but I will deal with the critical one now, which is s 60CC of the Act. That helps me determine what is in a child's best interests.
3. Subsection (1) says:

(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. The applicant, no doubt her own children, and the subject children here, X and Y, all identify as Aboriginal. That means I must look at subsection (3) which says I must consider:

(a) the child's right to enjoy the child's Aboriginal or Torres Strait Islander culture, by having the support, opportunity and encouragement necessary:

(i) to connect with, and maintain their connection with, members of their family and with their community, culture, country and language; and

(ii) to explore the full extent of that culture, consistent with the child's age and developmental level and the child's views; and

(iii) to develop a positive appreciation of that culture; and

(b) the likely impact any proposed parenting order under this Part will have on that right.

1. The applicant candidly deposes in her affidavit that she does not know much about her mob. That is something she may explore in the future, but she very clearly identifies as a proud Indigenous woman. X and Y both identify as Aboriginal.
2. The applicant speaks of NAIDOC week and the hope to attend NAIDOC week this year as they have in the past. But understandably, the grief from her mother's passing, being X and Y's mother as well, is something that stood in the way.
3. I am satisfied that the applicant will do what she needs to do to not only explore her own mob and land when the time is right for her, but to ensure that X and Y will have the opportunity and encouragement necessary to connect with and maintain their connection with members of their family, mob, community, culture, country and language.
4. On her material, I am satisfied that she will assist the children, maybe perhaps through her own journey as well, to explore the full extent of that culture consistent with the children's age, development level, the children's views, and that she will assist them to also develop a positive appreciation of their culture. They have a rich culture and one which the applicant will assist the children to embrace, understand, explore and appreciate all its many facets.

1. I turn to the s 60CC(2) factors.
2. The first asks what arrangements would promote the safety of the children, including safety from being subjected to or exposed to family violence, abuse, neglect or other harm; that is s 60CC(2)(a) of the Act and relates to each child and each person who has care of the children.
3. I have material from the police, both from the first return and the updated documents now. As said, it indicates that the applicant takes steps when she needs to, to engage with the police to seek assistance when the protection of her safety and that of the five children (that is her three children and the two subject children) require. I have no doubt she will continue to do so.
4. Section 60CC(b) is any views expressed by the child.
5. This is not really a views matter, other than to note that on the evidence before me that the applicant with her children and other siblings, including X and Y, have lived a warm and embracing large extended family life which can only be of benefit to X and Y now as they, and the applicant, deal with the grief of their mother's passing. X and Y have also had to deal with the grief of their father's passing.
6. I have no doubt though that if X [or Y] were unhappy living with the applicant, he [or she] would be able to let people know. I have already indicated X has had some angst about the living quarters, but that is perfectly understandable given the circumstances.
7. Subsection 60CC(c) and (d) go hand in hand; the developmental, psychological, emotional, and cultural needs of the children and the capacity of the applicant to meet those needs.
8. I have already referred to the children's cultural needs and I am satisfied that the applicant will meet those.
9. The applicant's affidavit sets out the appropriate steps she had already taken, notwithstanding her own grief, to ensure the children's medical needs are being met, their education needs being met and their emotional and psychological needs being met.
10. She spoke of appointments she had made and transferring Y and X to the primary school which her son attends. That is obviously of some convenience, but it also means the sibship are together.
11. The next matter is the benefit to the children 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; s 60CC(2)(e) of the Act.
12. Sadly, the children will no longer be able to have a relationship with their mother or their father. But, they have a wider family environment. They have a wider kinship and a wider sibship, which is not new to them, but is described as warm, embracing, and culturally safe and appropriate.
13. I am satisfied, particularly by reference to the paternal uncle's and aunt's affidavits that the children will have the benefit of significant maternal and paternal relationships, but also that the applicant will take steps if necessary to ensure that it is safe to do so.
14. Finally, I must consider if there is anything else that is relevant to the circumstances of each child; s 60CC(2)(f) of the Act.
15. The only relevant matter here is that the point of the Critical Incident List is to get people like the applicant, her children (who are not subject matters but are nevertheless caught up in this because their mother is) and the subject children, X and Y, in and out of the family law system as quickly as the subject children's best interests allow.
16. I am satisfied that it is appropriate and indeed in the children's best interest that I make Final Orders today. That has the flow on effect that the applicant does not have to come back to Court anymore, and she will have the security of Final Orders so she can get on with making whatever decisions she needs to make for X and Y without having to come back to Court.
17. That said, I will make a slip rule Order as discussed with the applicant's solicitor before I started these reasons. It will be to the effect that if any of the wording in these Orders constrains the applicant's ability to get services for the children or, for example, a birth certificate, then she can essentially apply by way of an affidavit sent by email to my chambers, setting out what the problem is and what she proposes as a solution. If she has any correspondence or emails from the service provider who wants different words, then it would be good if she attached that.
18. I will also make Orders that she can deal with the Department of Foreign Affairs and Trade, Passport Offices and visa providers, Orders for overseas travel and to get passports. If, for example, X has the opportunity to go overseas on a school trip, then he should be able to do so. The same of course applies for Y. Hence, those orders will be made to avoid the applicant having to come back to Court seeking specific travel and passport Orders.
19. I have also had regard to ss 60CC(2A), which directs consideration of any history of violence and the history of domestic violence orders. It is fair to say, that the now deceased mother and partners have had histories of family violence. However, I am focused on the applicant, and I have already said it is clear to me she has taken and will continue to take the steps that she needs to do when it comes to her and the children's safety.
20. For those reasons, I will make the orders that I discussed with the applicant's solicitor at the start of this hearing.

I certify that the preceding forty-seven (47) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of the Honourable Justice Brasch.