Merton & Manley

In *Merton & Manley*, the applicants, Ms Merton and Mr Merton, sought final parenting orders and leave to commence adoption proceedings for the child, X. The respondent father was disengaged from the proceedings. The court was required to consider the best interests of the child in determining the parenting arrangements and whether to grant leave for the step-parent adoption.

The primary legal issues before the court were: firstly, what final parenting orders were in the best interests of the child, X, considering the father's disengagement and the child's emotional needs; and secondly, whether to grant leave pursuant to section 60G of the *Family Law Act 1975* (Cth) for Mr Merton to commence adoption proceedings. The court also had to consider the additional factors outlined in section 60CC(3) of the Act in its determination of the parenting orders.

The court's reasoning focused on the child's significant emotional needs and the negative impact the prospect of spending time with the father had on the child's anxiety, as evidenced by medical records and the family consultant's views. The court was satisfied that the mother and step-father were capable of ensuring any future re-establishment of a relationship with the father would occur without exposing the child to an unacceptable risk of psychological harm. The court applied the principles of the child's best interests, taking into account the various factors under section 60CC(3), including the nature of the relationship with each parent, the parents' past involvement, and the capacity to provide for the child's needs.

The court made orders granting equal shared parental responsibility, with the child to live with the mother and step-father. The child was to spend time with the father under mutually agreed conditions. Crucially, leave was granted for Mr Merton to commence adoption proceedings, and the father's consent to the child's passport and change of surname was dispensed with. The court also ordered that the respondent father be restrained from placing the child on the Airport Watch list.