Boone & Myers - [2025] FedCFamC1F 327

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Boone & Myers [2025] FedCFamC1F 327

File number(s): CAC 216 of 2025

Judgment of: GILL J

Date of judgment: 16 May 2025

Catchwords: FAMILY LAW – ADOPTION – Joint application by the biological mother and step-father – Where the applicants seek leave to commence adoption proceedings pursuant to s 60G of the Family Law Act 1975 (Cth) – Consent provided by other parent who is the biological mother’s former de facto partner who is on the child’s birth certificate alongside the biological mother – Consideration of the child’s best interests pursuant to s 60CC – Leave granted

Legislation:
Adoption Act 1993 (ACT) s 14

Births, Deaths and Marriages Registration Act 1995 (NSW)

Family Law Act 1975 (Cth) ss 60CC, 60F, 60G, 60H, 60HA, 61E, 65G and 65J

Federal Circuit and Family Court of Australia Act 2021 (Cth) s 25

Adoption Regulations 1993 (ACT)

Cases cited:
Brucedale and Anor & Vaulks [2020] FamCA 143

Poulter and Anor & Lenton (2012) 46 Fam LR 623; [2012] FamCA 154

Division: Division 1 First Instance

Number of paragraphs: 41

Date of hearing: 16 May 2025

Place: Canberra

Solicitor for the Applicants: Ms Parker, Parker Coles Curtis

The Respondent: Did not attend
ORDERS

CAC 216 of 2025

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MR BOONE

First Applicant

MS SCHMID

Second Applicant

AND:
MS MYERS

Respondent

DIRECTOR-GENERAL, COMMUNITY SERVICES DIRECTORATE

Other

ORDER MADE BY:

GILL J

DATE OF ORDER:

16 MAY 2025

THE COURT ORDERS THAT:
1.Pursuant to s 60G of the Family Law Act 1975 (Cth), the applicants are granted leave to commence adoption proceedings for X, born 2015, by Mr Boone.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Boone & Meyers has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX-TEMPORE REASONS FOR JUDGMENT
GILL J:

The application, made by both Mr Boone and Ms Schmid, who are married, concerns leave for Mr Boone to commence adoption proceedings in relation to X, born 2015, pursuant to s 60G of the Family Law Act 1975 (Cth) (“the Act”). Mr Boone is X’s step-parent and accordingly, a prescribed adopting parent for the purposes of the Act.
Ms Schmid and Mr Boone commenced a relationship after November 2018, entered into a de…

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 Boone & Myers

Details

AGLC: Boone & Myers [2025] FedCFamC1F 327
Case: [2025] FedCFamC1F 327
Decision Date: 16 May 2025

CaseChat Overview and Summary

This case concerns a joint application by Mr Boone and Ms Schmid, seeking leave to commence adoption proceedings for their daughter, X, under section 60G of the Family Law Act 1975 (Cth). Ms Myers, the biological mother, and Mr Boone, the step-father, are the applicants, and Ms Myers, who is also on X’s birth certificate, has provided her consent. The dispute primarily revolves around whether granting the adoption would be in X's best interests, as mandated by section 60CC of the Family Law Act 1975 (Cth).

The court had to determine whether the applicants had provided sufficient evidence to demonstrate that the adoption would serve X's best interests. This involved assessing the stability and quality of the relationship between X and Mr Boone, the potential impact of the adoption on X’s well-being, and the views of X, who is old enough to express her own wishes. The court also considered the consent of Ms Myers, the biological mother, and the absence of any objections from other relevant parties. The central issue was whether the adoption would provide X with a stable and loving environment, which is paramount in such proceedings.

In reaching its decision, the court examined the evidence presented, including the strong bond between X and Mr Boone, the stability of Mr Boone's relationship with Ms Schmid, and the overall welfare of X. The court found that the adoption would significantly benefit X by providing her with a secure and nurturing family environment. The biological mother's consent and the absence of any objections from other parties further supported the decision. Consequently, the court granted leave for the adoption proceedings to proceed, finding that it was in X’s best interests.

The court's final order granted Mr Boone and Ms Schmid leave to commence adoption proceedings for X, allowing Mr Boone to adopt X as his step-daughter. The order is subject to the necessary entries in the Court's records and may be reviewed or varied if required under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Orders

Orders of the court

CAC 216 of 2025

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR BOONE

First Applicant

MS SCHMID

Second Applicant

AND:

MS MYERS

Respondent

DIRECTOR-GENERAL, COMMUNITY SERVICES DIRECTORATE

Other

ORDER MADE BY:

GILL J

DATE OF ORDER:

16 MAY 2025

THE COURT ORDERS THAT:

1. Pursuant to s 60G of the Family Law Act 1975 (Cth), the applicants are granted leave to commence adoption proceedings for X, born 2015, by Mr Boone.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

These matters point toward the grant of leave for the consideration of adoption as in X’s best interests.Conclusion Leave will be granted for Mr Boone and Ms Schmid to commence proceedings for the adoption of X by Mr Boone as her step-parent.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	CAC 216 of 2025
Judgment of:	GILL J
Date of judgment:	16 May 2025
Catchwords:	FAMILY LAW – ADOPTION – Joint application by the biological mother and step-father – Where the applicants seek leave to commence adoption proceedings pursuant to s 60G of the Family Law Act 1975 (Cth) – Consent provided by other parent who is the biological mother’s former de facto partner who is on the child’s birth certificate alongside the biological mother – Consideration of the child’s best interests pursuant to s 60CC – Leave granted
Legislation:	Adoption Act 1993 (ACT) s 14 Births, Deaths and Marriages Registration Act 1995 (NSW) Family Law Act 1975 (Cth) ss 60CC, 60F, 60G, 60H, 60HA, 61E, 65G and 65J Federal Circuit and Family Court of Australia Act 2021 (Cth) s 25 Adoption Regulations 1993 (ACT)
Cases cited:	Brucedale and Anor & Vaulks [2020] FamCA 143 Poulter and Anor & Lenton (2012) 46 Fam LR 623; [2012] FamCA 154
Division:	Division 1 First Instance
Number of paragraphs:	41
Date of hearing:	16 May 2025
Place:	Canberra
Solicitor for the Applicants:	Ms Parker, Parker Coles Curtis
The Respondent:	Did not attend

CAC 216 of 2025
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MR BOONE First Applicant MS SCHMID Second Applicant
AND:	MS MYERS Respondent
DIRECTOR-GENERAL, COMMUNITY SERVICES DIRECTORATE Other

ORDER MADE BY:	GILL J
DATE OF ORDER:	16 MAY 2025