Linch and Anor and Anderson

Case

[2016] FamCA 935

31 October 2016


Details
AGLC Case Decision Date
Linch and Anor and Anderson [2016] FamCA 935 [2016] FamCA 935 31 October 2016

CaseChat Overview and Summary

In the matter of *Linch and Anor and Anderson*, heard before Carew J of the Family Court of Australia, the applicants, Ms Linch and Mr Linch, sought leave to commence adoption proceedings concerning a child, B Linch (formerly known as B Anderson). The respondents are not explicitly named in the provided text, but the case title suggests the involvement of the child's birth parents, Anderson.

The primary legal issue before the Court was whether to grant the Linches leave to commence adoption proceedings pursuant to section 60G of the *Family Law Act 1975* (Cth). This section typically requires leave of the court for adoption proceedings to be commenced in certain circumstances, often involving a child who is not a child of the applicant. A secondary issue, arising from the grant of leave, was the determination of parental responsibility for the child pending the finalisation of the adoption order.

Carew J granted the Linches leave to commence adoption proceedings. In addition, pending the making of a final adoption order, the Court ordered that Ms Linch and Mr Linch have equal shared parental responsibility for the child. All other outstanding applications before the Court were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

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