Hanlon & Hanlon (No. 3)

[2021] FamCA 472

FAMILY COURT OF AUSTRALIA

Hanlon & Hanlon (No. 3) [2021] FamCA 472

File number(s):

CAC 2835 of 2020

Judgment of:

GILL J

Date of judgment:

1 July 2021

Catchwords:

FAMILY LAW – ADOPTION – whether leave should be granted under s 60G of the Family Law Act 1975 (Cth) for biological mother to commence adoption proceedings – where biological father is deceased – where step-father has been granted leave to commence adoption proceedings – effect of s 61E on biological mother’s existing parental responsibility if adoption order is made in favour of step-father considered – leave granted.

Legislation:

Adoption Act 1993 (ACT)

Family Law Act 1975 (Cth) ss 61E and 60G

Number of paragraphs:

2

Date of hearing:

1 July 2021

Place:

Canberra

Solicitor for the Applicants:

Parker Coles Curtis

ORDERS

CAC 2835 of 2020

BETWEEN:

MR HANLON

First Applicant

MS HANLON

Second Applicant

ORDER MADE BY:	GILL J
DATE OF ORDER:	1 JULY 2021

THE COURT ORDERS THAT:

1.No person is to inspect the file in these proceedings without the leave of the Court, noting the provisions that govern access to material contained in adoption proceedings as contained in the Adoption Act 1993 (ACT), other than for the purpose of viewing any judgment in the proceedings or reasons thereof.

2.Ms Hanlon is granted leave to commence adoption proceedings in relation to X, born … 2011.

3.The proceedings are adjourned until 2 pm on 4 August 2021 for further directions, or for further hearing.

4.The parties are entitled to file any further affidavit material as they deem necessary for the progress of the case, along with a minute of any further orders either seeks and any written submissions that they seek to advance propositions in respect of the application of law to the circumstances of this case, provided that such are filed with the Court no later than 4 pm on 30 July 2021.

Note:   The form of the order is subject to the entry in the Court’s records.

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 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Hanlon & Hanlon has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

GILL J

1. These proceedings concern an application on the part of Ms Hanlon for leave to be granted to her pursuant to s 60G of the Family Law Act 1975 (Cth) to commence proceedings for the adoption of her daughter X, born in 2011. Without repeating the circumstances of this case, a number of the salient circumstances are set out in the judgment delivered earlier today in which Mr Hanlon, the husband of Ms Hanlon, was granted leave to commence adoption proceedings as a step-parent. The background to this case is such that X has been raised by Ms Hanlon and her now deceased husband Mr B and following the commencement of relationship between Ms Hanlon and Mr Hanlon has been raised in a household constituted by them and one of Mr Hanlon's children. It is undisputed that Ms Hanlon has been the ongoing historical and present primary carer for X and that her status as parent is something that neither she or her co-applicant in the proceedings, Mr Hanlon, seek to displace. The nature of her relationship and the importance of her relationship to X are set out in Exhibit C2 which is the report prepared for the adoption proceedings by the Director-General of Community Services.

2. It has been identified that should an adoption order be made as is currently pursued by Mr Hanlon, with the support of Ms Hanlon, then it appears that the effect of s 61E is that as leave has been granted for Mr Hanlon to commence adoption proceedings, such an order ends all parental responsibility for X as currently held by the mother, that is, by virtue of her status as X's mother or by virtue of the current Family Court orders that are in place. The potential ending of that parental responsibility or Ms Hanlon's status as X's parent is not an objective pursued by either of the parties, both parties supporting the ongoing status of Ms Hanlon as X's parent and seeking that Mr Hanlon also have that status conferred on him under the Adoption Act 1993 (ACT). The combination of these factors mean that it is in X's best interests, given the nature of parental relationships that she currently enjoys with her mother, and given her personal characteristics, and given her mother's capacity to emotionally provide for her, that leave also be given to Ms Hanlon to commence adoption proceedings so as to avoid the effects of the disruption of her parental status in respect of X should adoption orders be made in respect of Mr Hanlon.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Gill.

Associate:

Dated:       1 July 2021