Marchesi & Anor and Orton

The Family Court of Australia considered an application by Mr and Mrs Marchesi (the applicants) seeking to discharge a parenting order made in 2007 between the children's mother and their biological father, Mr Orton (the respondent), and for leave to commence adoption proceedings for their two children, J and E. The respondent, the children's biological father, did not appear at the hearing, although service of the application had been effected on his sister.

The court was required to determine whether to grant leave to the applicants to commence adoption proceedings, which necessitated considering whether such an order would be in the children's best interests, as mandated by section 60G of the *Family Law Act 1975* (Cth). This involved assessing the impact of granting leave on the existing parental responsibility of the biological father and considering the broader best interests considerations outlined in section 60CC of the Act. The court also had to be satisfied that the proposed adoption would likely meet the prerequisites for a final adoption order under Queensland legislation, specifically that it would better promote the children's wellbeing and interests.

Justice Hogan reasoned that the biological father had been absent from the children's lives since 2007, having had no contact or involvement in their upbringing or decision-making concerning them. In contrast, the first applicant, the stepfather, had consistently provided financial and emotional support, actively participated in all aspects of the children's lives, and had become a constant and integral part of their family unit. The court accepted the mother's evidence regarding past domestic violence and the children's memories or lack thereof concerning the respondent. Given the established, positive relationship with the stepfather and the biological father's complete lack of engagement, the court concluded that granting leave for adoption proceedings was in the children's best interests.

The court ordered the discharge of the parenting order made in 2007 and granted leave to the applicants to commence adoption proceedings in respect of the children J and E.