Drew & Anor and Bulla

[2018] FamCA 584

FAMILY COURT OF AUSTRALIA

DREW AND ANOR & BULLA [2018] FamCA 584

FAMILY LAW – ADOPTION ‑ leave to make an application pursuant to the Adoption Act 2009 (Qld)

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

SECOND APPLICANT: Ms Drew

RESPONDENT: Mr Bulla

FILE NUMBER: BRC 5446 of 2018

DATE DELIVERED: 20 July 2018

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Baumann J

HEARING DATE: 20 July 2018

REPRESENTATION

THE FIRST APPLICANT APPEARED IN PERSON

THE SECOND APPLICANT APPEARED IN PERSON

THE RESPONDENT APPEARED IN PERSON

Orders

1. That pursuant to s.60G of the Family Law Act 1975 the Second Applicant, MR DREW be granted leave to make an application pursuant to the Adoption Act 2009 (Qld) for the adoption of the child, X born … 2004.

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 Drew & Bulla 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 5446 of 2018

Mr Drew

First Applicant

Ms Drew

Second Applicant

And

Mr Bulla

Respondent

REASONS FOR JUDGMENT

1. These proceedings relate to an Application brought on 18 June 2018 by Mr Drew, the husband of the biological mother of X, Ms Drew, seeking leave to undertake adoption proceedings under the State law in respect of the child, X born in 2004.  I have explained to the parties that, of course, this Court cannot approve an adoption but that the Family Law Act 1975 requires leave of this Court to undertake proceedings which are dealt with under State law.

2. I am satisfied on the evidence that the child has been a member of the household constituted by his biological mother and Mr Drew from at least, if not prior to, their marriage in 2011.  Earlier proceedings have resulted in the child’s surname being changed to the hyphenated name of Bulla-Drew.  The biological father of the child is Mr Bulla.  Mr Bulla has been served with a copy of the application.  Mr Bulla appears by phone today and has indicated to the court that he has no opposition to leave being granted to the applicant to commence adoption proceedings.  The parties and Mr Bulla are fully aware that the decision about whether the child can be legally adopted is a matter for State authorities, not for the Family Court.

3. In my view, for the reasons set out in the Affidavit and given orally today, I am satisfied it is in the best interests of the child that I make an order granting leave pursuant to section 60G of the Family Law Act 1975 to the Applicant, Mr Drew, to make an application pursuant to the Adoption Act 2009 (Qld), for the adoption of the child X.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Baumann delivered on 20 July 2018.

Associate: 

Date:  2 August 2018