Frawley and Frawley and Anor

Case

[2019] FamCA 913

2 December 2019


Details
AGLC Case Decision Date
Frawley and Frawley and Anor [2019] FamCA 913 [2019] FamCA 913 2 December 2019

CaseChat Overview and Summary

In the matter of *Frawley and Frawley and Anor*, Forrest J of the Family Court of Australia considered an application for leave to adopt. The applicants, Mr Frawley and Ms Frawley, sought to adopt a child, X, born in 2004, where the child's stepfather, Mr Frawley, was the proposed adoptive parent.

The central legal issue before the Court was whether to grant leave to the applicants to make an application for adoption pursuant to the *Adoption Act 2009* (Qld). This required the Court to consider the provisions of section 60G of the *Family Law Act 1975* (Cth), which governs when a person may apply for an adoption order.

Forrest J granted leave to the applicants. The Court's decision was based on the specific provisions of section 60G of the *Family Law Act 1975* (Cth), which permits the Court to grant leave for an adoption application to be made in circumstances such as those presented. The Court found that the statutory requirements for granting such leave were met.

The Court ordered that pursuant to s 60G of the *Family Law Act 1975* (Cth), the applicants, Mr Frawley and Ms Frawley, be granted leave to make an application for the adoption of the child X by her stepfather, Mr Frawley. The form of this order was subject to its formal entry into the Court's records.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Standing

  • Statutory Construction

  • Remedies

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