In the application of Jason Oldridge (anonymised)

[2021] NSWSC 1458

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

1. 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.

2. 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.

3. 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.

4. 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.

5. 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].

6. 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.

7. 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).

8. I certify that this and the preceding pages are a true copy of the reasons herein of Justice Sackar

9. Dated 10 November 2021

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Decision last updated: 11 November 2021