Fans outraged as Supreme Court overturns Gold Coast couple’s custody of Molly the magpie

The people’s magpie is once again in limbo after a “concerned citizen” took a custody battle all the way to the Supreme Court.

The future of Molly the domesticated magpie – who went viral after being adopted by a Gold Coast couple and befriending their staffy Peggy – is again in limbo.

It comes as Queensland’s Supreme Court overturned the Department of Environment, Tourism, Science and Innovation’s decision to grant the pair a specialised wildlife carers licence on Monday.

Speaking to Molly’s fans via social media, carers Juliette Wells and Reece Mortensen assured fans that “nothing was changing”.

“It’s our understanding from talks yesterday that they have absolutely no intention to take Molly from his/our family,” the post read.

Molly, who was deemed by RSPCA Queensland’s wildlife veterinary director to be incapable of living in the wild, was first removed from the couple’s care in March, leaving Mr Mortensen and Mrs Wells distraught.

Molly the magpie, a social media sensation. Picture: Instagram,

However, after six weeks of fierce outcry from the bird’s 982,000 followers, the empty nesters regained custody of Molly after then premier Steven Miles intervened.

The couple were granted a special licence to care for the bird by the department.

But while many rejoiced at Molly’s return home, it soon became clear that not everyone was sharing in the excitement, with a disgruntled and anonymous volunteer from Queensland’s wildlife rescue community engaging law firm XD Law & Advocacy to launch legal action against the department in September.

In the saga’s latest twist, the Supreme Court ruled that the department did not have sufficient grounds to grant the couple the permit required to keep the bird, with Justice Peter Callaghan also granting a non-publication order to keep the name of the wildlife carer concealed from Peggy and Molly’s loyal fanbase.

Peggy and Molly share a special bond. Picture: Facebook / Peggy and Molly

In a statement released by XD Law, spokesman Jack Vaughn said the firm became involved “when we saw volunteer wildlife carers being pilloried and abused for sticking up for the laws of Queensland preventing wildlife being turned into pets”.

“The law requires anyone who finds sick, injured, or orphaned wildlife to surrender it to a licensed wildlife carer or veterinarian within 72 hours. Fines apply for those that don’t to show that it was not just giving a compliant nod to a premier who wanted photos of himself with a magpie on his head and a couple of social media influencers.”

In response to the ruling, a department spokesperson admitted “we made an error, and we are currently considering next steps”.

“Our highest priority continues to be the ongoing welfare of the magpie,” they said.

Molly’s family has asked fans not to contact the department or set up petitions while they work to resolve the matter quietly.

“We understand you would like to help in some way but just having you all here everyday supporting, commenting & being part of this community is more than enough to keep us going & pushing on. If anything at all changes we will let you know,” they posted.

Originally published as Fans outraged as Supreme Court overturns Gold Coast couple’s custody of Molly the magpie