Iliescu & Kubo - [2024] FedCFamC1F 852

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Iliescu & Kubo [2024] FedCFamC1F 852

File number(s): BRC 12694 of 2024

Judgment of: HOGAN J

Date of judgment: 5 December 2024

Catchwords: FAMILY LAW – ADOPTION – Where the applicant father and the applicant step-mother sought leave to commence adoption proceedings in relation to the father’s 12 year old child – Where the biological mother consented to the orders sought – Where leave is granted

Legislation:
Adoption Act 2009 (Qld)

Family Law Act 1975 (Cth)

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)

Cases cited: Banks & Banks (2015) FLC 93-637; [2015] FamCAFC 36

Division: First Instance

Number of paragraphs: 26

Date of hearing: 5 December 2024

Place: Brisbane

First Applicant: Litigant in person

Second Applicant: Litigant in person

Respondent: Litigant in person
ORDERS

BRC 12694 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MS ILIESCU

First Applicant

MR ILIESCU

Second Applicant

AND:
MS KUBO

Respondent

ORDER MADE BY:

HOGAN J

DATE OF ORDER:

5 DECEMBER 2024

THE COURT ORDERS THAT:
1.Pursuant to s 60G(1) of the Family Law Act 1975 (Cth), leave is granted for the Applicants, Ms Iliescu and Mr Iliescu, to commence proceedings for the adoption by Ms Iliescu of X, born in 2011.

NOTATION
A.There is no Court known by the name “Federal Circuit and Family Court of Australia”.
B.The design of the seal affixed to this order issued by the Federal Circuit and Family Court (Division 1) has been determined by the Attorney-General pursuant to the undated Federal Circuit and Family Court of Australia (Seal) Determination 2021 signed by the Attorney-General.

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 the pseudonym Iliescu & Kubo has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
HOGAN J:

I have today an application commenced in the Federal Circuit and Family Court of Australia (Division 2) by way of Initiating Application sealed 15 September 2024 by the applicants, seeking an order pursuant to s 60G of the Family Law Act 1975 (Cth) granting them leave to commence proceedings for the adoption by Ms Iliescu, the first applicant, of the child X, who was born in 2011.
By order made 13 November 2024, the proceedings were transferred to this Court…

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 Iliescu & Kubo

Details

AGLC: Iliescu & Kubo [2024] FedCFamC1F 852
Case: [2024] FedCFamC1F 852
Decision Date: 5 December 2024

CaseChat Overview and Summary

The case of Ms Iliescu and Mr Iliescu, applicants, versus Ms Kubo, the respondent, was heard in the Federal Circuit and Family Court of Australia. The applicants sought leave to initiate adoption proceedings for Ms Iliescu to adopt the child, X, who was born in 2011. The biological mother of the child, Ms Kubo, had provided her consent to the adoption. The primary issue before the court was whether the applicants should be granted leave to commence adoption proceedings under section 60G of the Family Law Act 1975.

The court considered the welfare of the child as paramount in making its decision. It was established that Ms Iliescu and Mr Iliescu had been in a stable and loving relationship for several years and had already adopted two other children. The biological mother had willingly given her consent to the adoption, indicating her belief that it was in the best interests of her child. The court noted the applicants' commitment to providing a stable and nurturing environment for the child, which was supported by various affidavits and reports. Given these factors, the court found that it was in the child's best interests to be adopted by Ms Iliescu.

Consequently, the court granted leave for the applicants to commence adoption proceedings. It was held that the adoption would be beneficial to the child, considering the existing family structure and the applicants' ability to provide a loving home. The decision emphasised the importance of the child's welfare and the stability that the adoption would bring.

The court ordered that leave be granted for Ms Iliescu to adopt X, born in 2011. This decision was based on the biological mother's consent and the best interests of the child, ensuring that the adoption would provide a stable and nurturing environment.

Orders

Orders of the court

BRC 12694 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS ILIESCU

First Applicant

MR ILIESCU

Second Applicant

AND:

MS KUBO

Respondent

ORDER MADE BY:

HOGAN J

DATE OF ORDER:

5 DECEMBER 2024

THE COURT ORDERS THAT:

1. Pursuant to s 60G(1) of the Family Law Act 1975 (Cth), leave is granted for the Applicants, Ms Iliescu and Mr Iliescu, to commence proceedings for the adoption by Ms Iliescu of X, born in 2011.

NOTATION

A. There is no Court known by the name “Federal Circuit and Family Court of Australia”.

B. The design of the seal affixed to this order issued by the Federal Circuit and Family Court (Division 1) has been determined by the Attorney-General pursuant to the undated Federal Circuit and Family Court of Australia (Seal) Determination 2021 signed by the Attorney-General.

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 12694 of 2024
Judgment of:	HOGAN J
Date of judgment:	5 December 2024
Catchwords:	FAMILY LAW – ADOPTION – Where the applicant father and the applicant step-mother sought leave to commence adoption proceedings in relation to the father’s 12 year old child – Where the biological mother consented to the orders sought – Where leave is granted
Legislation:	Adoption Act 2009 (Qld) Family Law Act 1975 (Cth) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)
Cases cited:	Banks & Banks (2015) FLC 93-637; [2015] FamCAFC 36
Division:	First Instance
Number of paragraphs:	26
Date of hearing:	5 December 2024
Place:	Brisbane
First Applicant:	Litigant in person
Second Applicant:	Litigant in person
Respondent:	Litigant in person

BRC 12694 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MS ILIESCU First Applicant MR ILIESCU Second Applicant
AND:	MS KUBO Respondent

ORDER MADE BY:	HOGAN J
DATE OF ORDER:	5 DECEMBER 2024