Denderfield and Anor and Power

The applicants, Mr and Mrs Denderfield, sought leave under s 60G of the *Family Law Act 1975* (Cth) to apply to the County Court of Victoria for the adoption of the mother's son, born in December 1999. The respondent was the child's biological father, Mr Power. The child, who is severely autistic and has never learned to speak, had been living with his mother and her husband in Australia since 2004, and his name had been changed to reflect his stepfather's surname with the biological father's consent.

The primary legal issue before the Family Court of Australia was whether to grant the applicants leave under s 60G of the Act to proceed with an adoption application in the state courts. This required the court to be satisfied that it was in the best interests of the child to grant such leave. A secondary issue involved determining appropriate parenting orders regarding the child's long-term care, welfare, and development, and where the child should live.

Justice Cronin considered the child's best interests, noting the biological father's consent to the child leaving the United Kingdom and to the name change, despite some irregularities in the documentation. The court found that the biological father had had only sporadic telephone contact with the child and no face-to-face relationship since the separation. Given the child's attachment to his stepfather and the stability of his current family environment, the court was satisfied that granting leave for adoption and making parenting orders for the child to live with his mother and stepfather was in the child's best interests.

The court made orders granting the mother and her husband joint responsibility for the child's long-term care, welfare, and development, and that the child live with them. Leave was granted under s 60G for the applicants to apply to the County Court of Victoria for an order for the adoption of the child. The court also ordered that the Minutes of Consent Orders remain on the court file and directed the solicitor for the applicants to file and serve clean copies of the orders.