Cornwall and Anor and Burnell

[2020] FamCA 230

FAMILY COURT OF AUSTRALIA

CORNWALL AND ANOR & BURNELL [2020] FamCA 230

FAMILY LAW – ADOPTION – leave granted pursuant to s 60G of the Family Law Act 1975

Adoption Act 2009 (Qld) Family Law Act 1975, s.60G
APPLICANT:	Mr Cornwall

FIRST RESPONDENT: Ms Cornwall

SECOND RESPONDENT: Mr Burnell

FILE NUMBER: BRC 998 of 2020

DATE DELIVERED: 6 March 2020

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Baumann J

HEARING DATE: 6 March 2020

REPRESENTATION

THE APPLICANT: Self-represented

THE FIRST RESPONDENT: Self-represented

THE SECOND RESPONDENT: Self-represented

Orders

1. That pursuant to s60G of the Family Law Act 1975 the Applicant, Mr Cornwall be granted leave to make an application pursuant to the Adoption Act 2009 (Qld) for the adoption of the child, X born … 2003.

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

IT IS NOTED that publication of this judgment by this Court under the pseudonym Cornwall and Anor & Burnell has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 998 of 2020

Mr Cornwall

Applicant

And

Ms Cornwall

First Respondent

And

Mr Burnell

Second Respondent

EX TEMPORE REASONS FOR JUDGMENT

(Settled from the oral reasons delivered)

1. Section 60G of the Family Law Act 1975 (“the Act”) requires the Family Court of Australia to consider applications for leave to adopt.  It is perhaps a curious framework that once the Family Court of Australia gives leave, the person seeking to adopt must then navigate the state or territory system as appropriate to obtain an order for actual adoption of a child.  Of course, adoption of a child has significant consequences in relation to, as in this case, the obligations and responsibilities of a biological father.

2. Without dealing with too much of the history, the following summary is suffice.

3. X was born on … 2003.  She is approaching her seventeenth birthday.  Many years ago, when the mother was 16 years, or thereabouts, and the biological father was 14 years or thereabout, X was conceived.  It is fair to say that perhaps this was a surprise to both of the parents, and perhaps something they were not really equipped to handle at that stage in their life.  Nonetheless, the mother has continued to bear the responsibilities for the day-to-day care of X through other relationships and through the birth of another child.

4. The biological father, Mr Burnell, who appears before the Court today, having been served with the Application, got on with his life as well, but when the child was about eight, there was, it seems, on the evidence agreed to by the parties, an attempt to reconnect X with her biological father.

5. For reasons which I do not need to explore, despite about six months of attempts to connect the biological father with his daughter, it was not possible to be able to get a committed long-term parenting arrangement involving the biological father and X.  The mother started dating the Applicant, Mr Cornwall, some time in or about October 2011.  It appears that they commenced cohabitation from around April 2014 and were married on … 2018.  X, I am told, and I accept on the evidence, calls Mr Cornwall “dad”.

6. The mother and Mr Cornwall say that X regards Mr Cornwall as her father, even though she knows that her biological father is not Mr Cornwall.  Mr Burnell is not opposing in any way the Application for leave sought by Mr Cornwall.

7. In my view, on the evidence that that parties have put before the Court, it is in the best interests of X that Mr Cornwall be given the opportunity to seek to adopt X. Whether or not there is sufficient time, bearing in mind that X turns 18 on … 2021, for the adoption to proceed is not a matter for this Court, but it seems the desire of X, and hopefully her wishes can be met within the time available. In all the circumstances, it is an appropriate case for the Court to grant leave to Mr Cornwall under section 60G of the Act to seek the adoption of the child, X, born … 2003.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Baumann delivered on 6 March 2020.

Associate:

Date: 28 April 2020