Davis and Anor and Peters

In the Family Court of Australia, Mr Davis and Ms Aronson applied for leave to commence adoption proceedings concerning the child B, born in 2003. The respondent to the application was the child's biological father, Mr Peters. The applicants sought leave pursuant to section 60G of the *Family Law Act 1975* (Cth) to proceed with an adoption application under Queensland state legislation. Mr Peters, despite being served and aware of the hearing, did not appear.

The court was required to determine whether to grant the applicants leave to commence adoption proceedings. This involved considering the provisions of section 60G of the *Family Law Act*, which mandates that the decision to grant leave is governed by the best interests of the child. The court also had to consider the implications of granting or refusing leave under sections 61E and 65J of the *Family Law Act*, which address the cessation of parental responsibility and parenting orders upon adoption, unless the adoption is by a "prescribed adopting parent" and leave was not granted under section 60G.

Justice Forrest noted that the respondent father had provided a written consent to Mr Davis adopting the child, although he appeared to misunderstand the nature of the current proceedings, believing the court could formalise the adoption rather than grant leave to commence proceedings in the state Magistrates Court. The court considered the history of the child's relationship with her biological father, which had been limited since the separation of her parents in 2004. It also took into account the established, close, and loving father-child bond between the child and Mr Davis, who had supported the child and mother since 2004 and was regarded by the child as her father. The court found that the respondent had not seen the child since January 2005 and had not contacted the mother regarding the child since that time.

Having regard to all the evidence, particularly the respondent father's consent, Justice Forrest was satisfied that it was in the child's best interests to grant the applicants leave to commence adoption proceedings in the State Magistrates Court. Accordingly, an order was made granting leave pursuant to section 60G of the *Family Law Act 1975*.