Dapo and Anor and Wieto and Anor

[2009] FamCA 128

FAMILY COURT OF AUSTRALIA

DAPO AND ANOR & WIETO AND ANOR [2009] FamCA 128

FAMILY LAW – CHILDREN – ADOPTION – Kupai Omasker – Such orders in the best interests of the child

APPLICANT: Mr and Mrs Dapo

RESPONDENT:

Ms Wieto and

Mr Petuu

FILE NUMBER: BRC 5615 of 2008

DATE DELIVERED: 6 February 2009

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Barry J

HEARING DATE: 6 February 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: The Applicants appeared on their own behalf

COUNSEL FOR THE RESPONDENTS: There was no appearance by the Respondents

Orders

1. The child, …, born … December 2005 be placed into the care of the Applicants, Mr and Mrs Dapo.

2. The Applicants have sole parental responsibility in relation to both short term and long term issues concerning the said child.

3. The Respondents spend time with the child at all such times as may be agreed with the Applicants and failing agreement as may be ordered by this Honourable Court.

4. Pursuant to s 62B and s 65DA(2), the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these Orders, and details of who can assist parties to adjust to and comply with an order, are set out in the document entitled “Parenting orders – obligations, consequences and who can help”, a copy of which is annexed to these Orders.

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC  5615  of  2008

MR AND MRS DAPU

Applicants

And

MS WIETO AND MR PETUU

Respondents

REASONS FOR JUDGMENT

1. In relation to the other matter, this concerns the child, …, born on … December 2005.  Again, this child has been in the care of the applicants at all times.  There is a Kupai Omasker form completed in this matter.  It has been signed by the natural mother and natural father of the child, they are consenting to the orders being made, and I have read the material.  I have read the family report that has been produced.  I am satisfied in the interests of the child that such orders be made.  Accordingly, I'll be making orders in the standard form that the applicants have the full time care of this child and that they have sole parental responsibility for both short term and long term issues concerning the child. 

   RECORDED  :  NOT TRANSCRIBED

I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of the Honourable Justice Barry

Associate: 

Date:  6 February 2009