What is the Critical Incident List? - Decision regarding Neven [2025]

Family Law: 10 February 2026

Author: Jessica Russo - Our People

One of the most challenging situations faced by the Family Court is when children are left without a parent who is able to make decisions on their behalf (due to incarceration, injury or death). This is when this Critical Incident List pathway is used in Family Court, to make sure that long term decisions about the care of children can be made without delays.

The decision of Neven [2025] FedCFamC1F 784 highlights how the Family Court responds when children are suddenly left without a parent able to make decisions for them.

In this case, two 11-year-old children lost their mother unexpectedly. Their father was unknown and had never been involved during their lives. The children had lived with their maternal grandmother since birth, and one child had an autism diagnosis requiring ongoing NDIS support. Following the mother’s death, there was no person with legal authority to make major decisions for the children as their father was unknown.

The matter was listed urgently under the Critical Incident List, which applies where:

• a parent has died, is critically injured, or is incarcerated due to family violence;
• no parent is available to make major long-term decisions; and
• a non-parent carer urgently requires parental responsibility to protect a child’s welfare.

Judge Brasch accepted that the grandmother had been involved in caring for the children throughout their lives with the children and their deceased mother residing with the maternal grandmother. Child Safety and police checks raised no concerns. The Court made final orders at the first instance, ordering that the children live with their grandmother and granting her sole parental responsibility for all major long-term decisions.

Those orders empowered the grandmother to make all major long-term decisions related to the children including their education, health care, Medicare, NDIS support, and travel, without the need for further court involvement. The Court emphasised that returning a grieving carer to court would serve no purpose and would not be in the children’s best interests.

This decision serves as a reminder that parenting matters are not always adversarial. Sometimes proceedings are commenced by non-parent parties when circumstances change suddenly and to ensure children have stability and routine.

If you are a parent, grandparent or carer needing guidance with parenting arrangements or urgent family law issues, early advice can help provide clarity and reassurance at a difficult time.

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