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Adoption of J

Adoption of J

Case [2016] NSWSC 1098 11 August 2016

Adoption

Best Interests of the Child

Change of Name

Family Law

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Supreme Court

New South Wales

Medium Neutral Citation: Adoption of J [2016] NSWSC 1098
Hearing dates: 14 July 2016
Date of orders: 11 August 2016
Decision date: 11 August 2016
Jurisdiction: Equity
Before: Hallen J
Decision:
1) Declares, pursuant to Status of Children Act 1996 (NSW), s 21(2), that Mr P is the father of J.

2) Orders, pursuant to Births Deaths and Marriages Registration Act 1995 (NSW), s 19(2), that Mr P be included as the father of J in the Register of Births Deaths and Marriages.

3) Orders, pursuant to Adoption Act 2000 (NSW), s 67(1)(d), that the consent of the child's natural mother, Ms R, be dispensed with.

4) Orders, pursuant to Adoption Act, s 67(1)(d), that the consent of the child's natural father, Mr P, be dispensed with.

5) Orders for the adoption of the child, J, in favour of the adopting parents, Mr Y and Mrs Y.
6) Orders that the name “Y” as the surname and “JJ” as the given names of the child be approved.
Catchwords: FAMILY LAW - Adoption - Application for declaration of paternity of child - Application for orders dispensing with consent of birth parents - Application for approval of change of middle and last name - Whether name change is in child's best interests
Legislation Cited: Adoption Act 2000 (NSW)
Births Deaths and Marriages Registration Act 1995 (NSW)
Children and Young Persons (Care and Protection Act 1998 (NSW)
Status of Children Act 1996 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited: Adoption of BS (No 3) [2013] NSWSC 2033
Adoption of GWL [2013] NSWSC 1527
Adoption of KH [2015] NSWSC 274
Adoption of NG [2014] NSWSC 680
Adoption of NG (No 2) [2014] NSWSC 680
Adoption of RCC and RZA [2015] NSWSC 813
Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172
Director-General, Department of Community Services v Adoptive Parents [2005] NSWCA 385
Application of AW and IW Re Children J and J [2011] NSWSC 1529
Application D and D; Re Y [2013] NSWSC 1477
Application of H & H, child JW [2011] NSWSC 93
Director-General, NSW Department of Family and Community Services; re D [2012] NSWSC 223
Director General Department of Family and Community Services; Re Stephen [2011] NSWSC 1521
Director General Department of Human Services; Re M [2011] NSWSC 369
H, AM v L, L [2013] SASC 7
NSW Trustee and Guardian as Executor of the Will of Michael Robert Walsh (Deceased) v Gregory [2012] NSWSC 681
Oxfordshire County Council v X [2010] EWCA Civ 581; [2010] Fam Law 790
Re Adoption of RCC [2015] NSWSC 813
Re G [2013] EWCA Civ 965
Re K & The Adoption Act 2000 [2005] NSWSC 858
Re KSE & Adoption Act 2000 [2006] NSWSC 92
Taylor v Taylor [1979] HCA 38; (1979) 143 CLR 1
Category: Principal judgment
Parties: Restricted
Representation:
Counsel:
Ms T Stevens (Applicant)
First and second Defendants (no representation and did not appear)
Solicitors:
Crown Solicitor (Applicant)

File Number(s): A99/2015

Judgment

HIS HONOUR:

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Adoption of J

Details

AGLC: Adoption of J [2016] NSWSC 1098
Case: [2016] NSWSC 1098
Decision Date: 11 August 2016

CaseChat Overview and Summary

The case involves an application for a declaration of paternity of a child named J, along with an application for orders dispensing with the consent of J's birth parents for adoption. The applicants, who are also the prospective adoptive parents, also sought approval for a change of J's middle and last name. The matter was heard in the Family Court of Australia. The applicants contended that the birth parents' consent was not necessary due to the welfare of the child and the applicants' suitability as parents. Additionally, they argued that changing J's name was in the child's best interests.

The court considered whether the applicants could adopt J without the consent of the birth parents and whether changing J's name was appropriate. The applicants argued that the birth parents' consent was not necessary due to the welfare of the child and the applicants' suitability as parents. They also argued that changing J's name was in the child's best interests. The court needed to assess these arguments based on the child's welfare and the evidence provided.

In determining the matter, the court considered the welfare of J and the suitability of the applicants as parents. The court found that the applicants were suitable parents and that J's welfare would be best served by the adoption by the applicants. The court also considered the proposed name change, finding that it would not negatively impact J and would, in fact, be in the child's best interests. Consequently, the court granted the applicants' requests, including the name change. The final orders included a declaration of paternity, approval for adoption without the birth parents' consent, and approval for the name change.

Orders