Kelly & Landridge 2012 FMCAfam 374

The mother of two children aged 6 and 2 years passed away following a car accident.  While both children had lived with the husband for several years he was the biological parent of only the younger child.  The maternal grandmother of the older or non-biological child objected to the application that both children live with the husband.

The biological father of the older child had not contacted the child for 5 years, leaving the husband to act as the psychological father for the older child for 3-4 years.

The judge issued an interim order that the two children live together with the husband and spend time with the maternal grandmother (sibling relationship).