In the matter of “R” (Anonymised)

[2021] NSWSC 1631

Supreme Court

New South Wales

Medium Neutral Citation:

In the matter of “R” (Anonymised) [2021] NSWSC 1631

Hearing dates:

On the papers

Date of orders:

14 December 2021

Decision date:

14 December 2021

Jurisdiction:

Equity - Adoptions List

Before:

Sackar J

Decision:

See para [7]

Catchwords:

FAMILY LAW – Children – Adoption – Interim care order

Legislation Cited:

Adoption Act 2000 (NSW) ss. 84(2), 75(1)(a)

Children and Young Persons (Care and Protection) Act 1998 (NSW) s 156A

Cases Cited:

Secretary, New South Wales Department of Communities & Justice; Re ‘K’; and ‘M’ [2021] NSWSC 1314

Category:

Principal judgment

Parties:

Anglicare Adoption Services (plaintiff)
Child: R (DOB: June 2021)

Representation:

n/a

File Number(s):

2021/349335

Publication restriction:

Nothing that would identify the parties

Judgment

1. The Summons in this matter seeks an order pursuant to s.84(2) of the Adoption Act 2000 (NSW) (the “Adoption Act”) that parental responsibility for the child R born in June 2021 be granted to the Principal Officer, Anglicare Adoption Services for a period of 12 months.

2. In support of the Summons are two affidavits of 8 December 2021. One from Ms Nicole Martin and the other from Ms Ruth Wienburg.

3. R was born at Blacktown Hospital and her parents are M T G and B A M.

4. On 28 June 2021, the birth mother signed a voluntary agreement under s.156A of the Children and Young Persons (Care and Protection) Act 1998 (NSW).

5. R has remained in care of authorised carers with Anglicare since the date of the voluntary agreement. However, pursuant to s.156A(2), the child cannot remain in voluntary out of home care for more than 180 days in a period of 12 months. The Secretary does not have parental responsibility for a child under s.75(1)(a) and (b) of the Adoption Act until s.156A(2) has been fulfilled.

6. On 9 December 2021 as anticipated, the birth mother has consented to R’s adoption. Consent is yet to be provided by the birth father.

7. It is clear from the affidavits of Ms Martin and Ms Wienburg that adoption is plainly in contemplation, although no application has yet been made. However, in all the circumstances and consistent with my judgment in Secretary, New South Wales Department of Communities & Justice; Re ‘K’; and ‘M’ [2021] NSWSC 1314 in my view it is appropriate in the best interests of the child that an interim order be made as requested and I propose to make the order accordingly.

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