Haskova & Viraj - [2025] FedCFamC1F 103

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Haskova & Viraj [2025] FedCFamC1F 103

File number(s): BRC 11781 of 2024

Judgment of: JARRETT J

Date of judgment: 15 January 2025

Catchwords: FAMILY LAW – ADOPTION – Whether leave to commence adoption proceedings is in the best interests of the children – “prescribed adopting parent” – Leave granted under s 60G of the Family Law Act 1975 (Cth) to commence proceedings

Legislation:
Family Law Act 1975 (Cth) ss 4, 60F(1)(a), 60F(4)(a), 60G, 60G(1), 60G(2), 60HA(3)(a), 61C, 61E, 65J

Adoption Act 2009 (Qld) ss 92(1)(d), 204(3), 214

Cases cited:
Brock & Brock [2007] FamCA 1594

Cahill & Fryar [2008] FamCA 1245

Denforth & Sable [2023] FedCFamC1F 903

Hanlon & Hanlon [2022] FedCFamC1F 435

Tanner & Cape [2011] FamCA 665

Thomson & Barnes [2022] FedCFamC1F 504

Division: Division 1 First Instance

Number of paragraphs: 29

Date of hearing: 15 January 2025

Place: Brisbane

Counsel for the First and Second Applicants: Ms Dart

Solicitors for the First and Second Applicants: Lawfirst Creating Solutions

Solicitors for the Respondent: Litigant in person
ORDERS

BRC 11781 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MS HASKOVA

First Applicant

MR HASKOVA

Second Applicant

AND:
MS VIRAJ

Respondent

ORDER MADE BY:

JARRETT J

DATE OF ORDER:

15 JANUARY 2025

THE COURT ORDERS THAT:
1.Pursuant to s 60G of the Family Law Act 1975 (Cth) Ms Haskova and Mr Haskova are granted leave to commence adoption proceedings in respect of X born in 2015 and Y born in 2015.

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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
JARRETT J:

Twins, X and Y were born in 2015. Presently they live with their father, Mr Haskova, and his present wife and stepmother to the twins, Ms Haskova. Ms Haskova, as the first applicant, and Mr Haskova, as the second applicant, apply for leave to commence adoption proceedings in respect of the twins pursuant to s 60G(1) of the Family Law Act 1975 (Cth).
The twin’s mother and respondent to the application, Ms Viraj, consents to the application and the proposed adoption.
As explained in any number of previous decisions of this court, although the process of adoption occurs as an application…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Haskova & Viraj

Details

AGLC: Haskova & Viraj [2025] FedCFamC1F 103
Case: [2025] FedCFamC1F 103
Decision Date: 15 January 2025

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Ms Haskova and Mr Haskova sought leave to commence adoption proceedings for two children, X and Y, both born in 2015, with Ms Viraj as the respondent. The applicants, who are married, requested the court to exercise its discretion under section 60G of the Family Law Act 1975 (Cth) to grant leave for adoption proceedings. The central issue before the court was whether granting leave to commence such proceedings would be in the best interests of the children.

The court considered the welfare of the children as the paramount concern in determining the best interests of the children. The applicants presented evidence demonstrating their suitability as adoptive parents, including their stable family environment and the positive relationship they had with the children. The court also took into account the children’s wishes, where appropriate, and their current living situation. After weighing the evidence and arguments presented, the court was satisfied that the adoption proceedings would serve the best interests of the children. Consequently, the court granted leave for the applicants to commence the adoption proceedings.

The court's decision was grounded in the statutory framework provided by the Family Law Act 1975 (Cth), with a particular emphasis on the welfare principle. The order granted Ms Haskova and Mr Haskova leave to commence adoption proceedings in respect of X and Y, ensuring that the process would proceed with the children's best interests at the forefront. The order was made on 15 January 2025 and is subject to the formal entry in the Court’s records.

Orders

Orders of the court

BRC 11781 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS HASKOVA

First Applicant

MR HASKOVA

Second Applicant

AND:

MS VIRAJ

Respondent

ORDER MADE BY:

JARRETT J

DATE OF ORDER:

15 JANUARY 2025

THE COURT ORDERS THAT:

1. Pursuant to s 60G of the Family Law Act 1975 (Cth) Ms Haskova and Mr Haskova are granted leave to commence adoption proceedings in respect of X born in 2015 and Y born in 2015.

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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	BRC 11781 of 2024
Judgment of:	JARRETT J
Date of judgment:	15 January 2025
Catchwords:	FAMILY LAW – ADOPTION – Whether leave to commence adoption proceedings is in the best interests of the children – “prescribed adopting parent” – Leave granted under s 60G of the Family Law Act 1975 (Cth) to commence proceedings
Legislation:	Family Law Act 1975 (Cth) ss 4, 60F(1)(a), 60F(4)(a), 60G, 60G(1), 60G(2), 60HA(3)(a), 61C, 61E, 65J Adoption Act 2009 (Qld) ss 92(1)(d), 204(3), 214
Cases cited:	Brock & Brock [2007] FamCA 1594 Cahill & Fryar [2008] FamCA 1245 Denforth & Sable [2023] FedCFamC1F 903 Hanlon & Hanlon [2022] FedCFamC1F 435 Tanner & Cape [2011] FamCA 665 Thomson & Barnes [2022] FedCFamC1F 504
Division:	Division 1 First Instance
Number of paragraphs:	29
Date of hearing:	15 January 2025
Place:	Brisbane
Counsel for the First and Second Applicants:	Ms Dart
Solicitors for the First and Second Applicants:	Lawfirst Creating Solutions
Solicitors for the Respondent:	Litigant in person

BRC 11781 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MS HASKOVA First Applicant MR HASKOVA Second Applicant
AND:	MS VIRAJ Respondent

ORDER MADE BY:	JARRETT J
DATE OF ORDER:	15 JANUARY 2025