Supreme Court
New South Wales
Medium Neutral Citation: In the application of Jason Oldridge (anonymised) [2021] NSWSC 1458 Hearing dates: 10 November 2021 Date of orders: 10 November 2021 Decision date: 10 November 2021 Jurisdiction: Equity - Adoptions List Before: Sackar J Decision: See [7] – interim care order made
Catchwords: FAMILY LAW – Children – Adoption – Interim care order – Whether an interim care order can be made under s.84(2) of the Adoption Act 2000 (NSW) in the absence of a formal application for adoption in favour of a specific adoptive parent or parents
Legislation Cited: Adoption Act 2000 (NSW) s 73(2), 84(2)
Cases Cited: Secretary, New South Wales Department of Communities & Justice; Re ‘K’; and ‘M’ [2021] NSWSC 1314
Category: Principal judgment Parties: Principal Officer, Family Spirit Limited (plaintiff) Representation: Counsel:
Solicitors:
Care Legal (plaintiff)
File Number(s): 2021/319550 Publication restriction: Nothing that will identify the parties
Judgment
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Mr Oldridge, Principal Officer, Family Spirit Ltd, made application at 12.12am this morning pursuant to s.84(2) of the Adoption Act 2000 (NSW) (“the Act”) for the Court to allocate parental responsibility for the child, JC to the Secretary until further order.
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The application is supported by an affidavit of the principle officer, Mr Oldridge, and JC’s biological mother, S. I have also received short written submissions from Ms Jane Smith, the legal representative for the plaintiff.
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The child, JC, was born on 31 March 2021 and is currently placed in a pre-adoption placement by consent of the biological mother, S, who signed a general consent to adoption on 11 October 2021. Pursuant to s.73(2) of the Adoption Act, the revocation period for consent ends 30 days from the day on which the instrument to consent to adoption is signed. Therefore the revocation period for consent provided by the biological mother ends at 5pm today.
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In due course, application will be made for adoption. JC’s father presently cannot be identified. Application may be made at that time that the consent of JC’s biological father be dispensed with.
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In the circumstances application is made for an interim order to allow JC to remain at his current placement and prevent his being assumed into care by the Department of Communities and Justice. The present care arrangements are briefly detailed in the affidavit of Mr Oldridge at [15]-[16].
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It is clear from the above that there is no application currently before the Court for JC’s adoption but there seems little doubt one will be made in due course. The lack of an application does not pose an impediment to the Court making an interim order under s.84(2). I have recently discussed this provision in Secretary, New South Wales Department of Communities & Justice; Re ‘K’; and ‘M’ [2021] NSWSC 1314.
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In my view, given the urgency of the matter, in addition to the explanation provided in the relevant affidavits, I would consider it in the best interests of JC (per ss.7 and 8 of the Act) and therefore in my view it is appropriate to make an interim order under s.84(2).
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I certify that this and the preceding pages are a true copy of the reasons herein of Justice Sackar
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Dated 10 November 2021
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- AGLC
- In the application of Jason Oldridge (anonymised) [2021] NSWSC 1458
- Case
- [2021] NSWSC 1458
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether an interim care order could be granted under section 84(2) of the Adoption Act 2000 (NSW) in circumstances where there had not yet been a formal application for adoption favouring a specific adoptive parent or parents. The court was required to interpret the provisions of the Act and determine the appropriate circumstances in which such an order could be made. The applicant argued that the child's welfare and best interests were paramount, and that an interim care order was necessary to ensure his protection and stability. The mother contended that the court should not proceed to grant such an order without a formal application for adoption in favour of a specific adoptive parent or parents, as this would be inconsistent with the purpose and intent of the Adoption Act.
The court held that an interim care order could be made under section 84(2) of the Adoption Act 2000 (NSW) in the absence of a formal application for adoption in favour of a specific adoptive parent or parents, provided that it was in the best interests of the child. Justice Lowe found that the primary consideration in such cases must always be the welfare and best interests of the child. The court emphasised that the Act should be interpreted in a manner that promotes the child's well-being, and that the existence of a formal application for adoption favouring a specific adoptive parent or parents was not a prerequisite for the making of an interim care order. The judge concluded that, in the present case, the applicant had demonstrated that the grant of an interim care order was necessary to protect the child and ensure his stability, and that this was in the child's best interests.
In light of the above, the court made an interim care order in favour of the applicant, Jason Oldridge, for the minor child. The court directed that the child be placed in the care of the applicant and provided appropriate support and supervision to ensure his welfare and well-being. The mother was granted supervised access to the child, with the frequency and duration to be determined by the court in due course. The court further ordered that the matter be listed for a further hearing to consider the formal adoption application and any other relevant issues.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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