Blue and Busby

[2010] FamCA 702

FAMILY COURT OF AUSTRALIA

BLUE & BUSBY [2010] FamCA 702

FAMILY LAW – CHILDREN – ADOPTION – Leave to commence proceedings under s60G – Leave granted

Family Law Act 1975 (Cth) s 60G
Adoption Act 2009 (Qld) s 92(1)(d)

Saunders & Best [2010] FamCA 654

FIRST APPLICANT:	Mr Blue
SECOND APPLICANT:	Mrs Blue

RESPONDENT: Mr Busby

FILE NUMBER: BRC 6187 of 2010

DATE DELIVERED: 10 August 2010

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: O’Reilly J

HEARING DATE: 10 August 2010

REPRESENTATION

SOLICITOR FOR THE APPLICANTS: Mr Owens

THE RESPONDENT: In person

Orders

IT IS ORDERED

1. Pursuant to s60G of the Family Law Act 1975 (Cth) Mr Blue has leave to commence proceedings for the adoption of C born … August 2001.

IT IS NOTED that publication of this judgment under the pseudonym Blue & Busby is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER:    BRC 6187 of 2010

MR BLUE

First Applicant

And

MS BLUE

Second Applicant

And

MR BUSBY

Respondent

REASONS FOR JUDGMENT

1. This is an application under section 60G(1) of the Family Law Act1975 (Cth) by Mr Blue that he have leave to commence proceedings for the adoption of C born in August 2001 now nine years. Mrs Blue is C’s biological mother and the husband of Mr Blue. She supports the application. C’s biological father is Mr Busby. He also supports the application and indeed offers his consent to it.

2. The Adoption Act 2009 (Qld) provides by section 92(1)(d) that a person may apply to the chief executive to arrange an adoption by the person of a stated child if the person has been granted leave under section 60G(1) of the Family Law Act1975 (Cth) and other matters. Under section 60G(2) of the Commonwealth Act I am required to consider whether the granting of leave would be in C’s best interests having regard to the effect of section 60F(4)(a) or section 60HA(3)(a) and sections 61E and 65J.

3. C’s biological parents married in July 1997. They were divorced on 2 October 2004. Section 60F(4)(a) has effect that if I grant leave for adoption proceedings to be commenced C would cease to be a child of the marriage of the biological parents. Section 60HA does not apply as C’s biological parents were not de facto partners. Section 61E(2) provides that a person’s parental responsibility for a child ends on the adoption of the child unless the adoption is by a prescribed adopting parent and leave has not been granted under section 60G for the adoption proceedings to be commenced. If I grant leave to commence adoption proceedings and an adoption order ultimately is made by the State court then Mr Busby would cease to have parental responsibility for C. Section 65J(2) provides that a parenting order stops being in force on the adoption of a child unless the adoption is by a prescribed adopting parent and leave was not granted under section 60G…