Cahill & Fryer

[2008] FamCA 1245

FAMILY COURT OF AUSTRALIA

CAHILL & FRYAR [2008] FamCA 1245

FAMILY LAW – CHILDREN – ADOPTION – leave to commence proceedings – where biological mother and stepfather seek to adopt the child – where biological father is not opposed but wants to know the wishes of the child – child interviewed by Family Consultant – child comfortable with being adopted – in the best interests of the child for leave to be granted

Family Law Act 1975 ss 60G, 60F, 61E

APPLICANTS: Mr and Mrs Cahill

RESPONDENT: Mr Fryar

FILE NUMBER: ADC 2849 of 2008

DATE DELIVERED: 5 December 2008

PLACE DELIVERED: Adelaide

JUDGMENT OF: Strickland J

HEARING DATE: 5 December 2008

REPRESENTATION

COUNSEL FOR THE APPLICANTS: In person

COUNSEL FOR THE RESPONDENT: In person

Orders

1. That leave be granted pursuant to Section 60G of the Family Law Act for proceedings to be commenced for the adoption of the child … born … December 1995 by Mr and Mrs Cahill.

2. That all applications be dismissed and removed from the active pending cases list.

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

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADC 2849 of 2008

MR AND MRS CAHILL

Applicants

And

MR FRYAR

Respondent

EX TEMPORE REASONS

1. I have before me an Amended Application filed on 21 October 2008 in which the applicants - that is, Mr and Mrs Cahill - seek an order pursuant to Section 60G of the Family Law Act, that this Court grant leave to the applicants to proceed with an application for adoption of the subject child, a daughter, in accordance with the Adoption Act of South Australia.

2. This matter originally commenced with an application filed on 18 July 2008.  That was an application brought by Mr Cahill, with Mrs Cahill as a respondent.  When the matter first came before me in September 2008, I raised the issue of whether Mrs Cahill should also be an applicant.  I will not go into the detail of that, but the long and the short of it is that Mrs Cahill ultimately determined that she should be an applicant, and I gave leave on 26 September for the Initiating Application to be amended to that effect.

3. Mr Fryar, the biological father of the child, during that hearing indicated that he was not opposed to the application but he was concerned to know what the child’s wishes about it were.  On that basis I also made an order on that day that the child be interviewed by a Family Consultant to ascertain her wishes as to the question of adoption by her stepfather and her mother, and to provide a report to the court as to those wishes as soon as possible.

4. That was attended to, and a Family Report is now before me dated 15 October 2008 which records an interview that took place between Dr A, Family Consultant, and…