In Burton & Churchin & Anor (2013) the Full Court considered an appeal against the trial judge’s order that “the child would live with the aunt in France and that the aunt would have sole parental responsibility for the child”
The father and primary carer for the child had died and the mother “could not be relied upon to take any responsibility for the child or to participate in the child’s life”
The court found an error in these orders as the Primacy consideration of Section 60CC does not apply to non-parents.