Miley and ANOR

[2012] FamCA 988

FAMILY COURT OF AUSTRALIA

MILEY & ANOR [2012] FamCA 988

FAMILY LAW – ADOPTION – Leave to commence proceedings – Leave to change the child’s surname – Where the child’s father is deceased

Family Law Act 1975 (Cth) – s 60G

1st APPLICANT: Mr Miley

2nd APPLICANT: Ms Miley

RESPONDENT:

FILE NUMBER: SYC 4391 of 2012

DATE DELIVERED: 29 October 2012

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Johnston J

HEARING DATE: 29 October 2012

REPRESENTATION

SOLICITOR FOR THE APPLICANTS: Mr Brown, Browns The Family Lawyers

Orders

1. That leave is granted to Mr Miley and Ms Miley pursuant to s 60G of the Family Law Act 1975 to make application for an order for adoption of B born on … May 2003.

IT IS NOTED that publication of this judgment by this Court under the pseudonym MILEY & ANOR has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 4391 of 2012

Mr Miley and Ms Miley

Applicants

REASONS FOR JUDGMENT

1. These proceedings involve an application for leave to be granted for the purposes of making an application for an order for adoption of the child B who was born in May 2003.  The applicants are the child’s mother, Ms Miley and her husband Mr Miley. 

2. They were born respectively in 1980 and 1966.  They commenced cohabiting in 2004.  They married in 2011.  They have no children together but Mr Miley has four adult children. 

3. B is the child of Ms Miley and Mr C.  Sadly, Mr C is deceased.  The Mileys have parented the child since she was a very young age, so that B has been raised as a member of Mr and Ms Miley’s family since they commenced their cohabitation in 2004.

4. Mr Miley is a member of the defence forces stationed at E Town and Ms Miley is the assistant warehouse manager of a retail outlet.  They are both in good health.  I am satisfied that they have the financial means to provide adequately for the child.  The child is in year 4 at D School and on all reports she is going well.

5. I am satisfied that this is an appropriate application and that the Court ought to facilitate the adoption process. 

6. There is another issue which goes to a preference which the applicants say D has for using the surname Miley rather than the surname C on the basis that the child’s father is deceased and that the child is a long-standing member of the Miley family.  In my view, it is in her interest to be able to use the surname Miley. 

I certify that the preceding six (6) paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Johnston delivered on 29 October 2012.

Associate:     

Date:              28 November 2012