Hanlon & Hanlon

In the matter of *Hanlon & Hanlon*, Mr Hanlon and Ms Hanlon were the applicants before Gill J of the Family Court of Australia. The dispute concerned an application for leave to commence adoption proceedings in relation to a child, X.

The primary legal issue before the court was whether granting Mr Hanlon leave to commence adoption proceedings was in the best interests of the child, X, pursuant to section 60G of the *Family Law Act 1975* (Cth). This required the court to consider whether it was in X's best interests to "open the gateway" to the consideration of an adoption order.

Gill J reasoned that the determination of whether leave should be granted involved assessing the child's best interests in light of the considerations set out in section 60CC of the Act. The court noted that in step-parent adoption cases where both parents are alive, the considerations differ from those where one parent is deceased, as there is no displacement of a living parent. In this instance, the court found that X's views, her relationship with Mr Hanlon, his contribution to her well-being, and the potential for him to provide a sense of security, all weighed in favour of granting leave. These factors, considered under section 60CC, established that it was in X's best interests for the adoption proceedings to commence.

Gill J ordered that Mr Hanlon be granted leave to commence adoption proceedings in relation to X.