Kapa and Anor & Sinoti and Anor 2014 FamCA 87

The case involved an infant aged 1 year whose parents were from the Tongan culture.  Before the child’s birth the biological parents had agreed to transfer parental responsibility to the applicants who were non-parents, and this had occurred soon after the child’s birth.  The judge found that the applicants were persons concerned with the care, welfare and development of the child.  One applicant was described as a first-cousin of the father.  Urgency arose as the child needed medical treatment and there was a need to clarify who could authorise this treatment.

The judge ordered that the child live with the applicants and that the applicants have shared parental responsibility for the child.