Northrop & Anor & Coleman

[2019] FamCA 190

FAMILY COURT OF AUSTRALIA

NORTHROP AND ANOR & COLEMAN [2019] FamCA 190

FAMILY LAW – ADOPTION – Leave to Adopt – Step-parent adoption – where the biological father consents to the application – where the biological father has had a limited presence in the child’s upbringing – where the step-father acts as the child’s father in all relevant respects – where it is in the best interests of the child for leave to be granted – where leave is granted.

Family Law Act 1975 (Cth)
Adoption Act 2009 (Qld)

Cahill & Fryer [2008] FamCA 1245

1^st APPLICANT: Mr Northrop

2^nd APPLICANT: Ms Northrop

RESPONDENT: Mr Coleman

FILE NUMBER: BRC 1944 of 2019

DATE DELIVERED: 1 April 2019

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Carew J

HEARING DATE: 1 April 2019

REPRESENTATION

FOR THE 1^ST APPLICANT: Self-represented

FOR THE 2^ND APPLICANT: Self-represented

FOR THE RESPONDENT: Self-represented

Order

1. Pursuant to s 60G of the Family Law Act 1975 (Cth) Mr Northrop and Ms Northrop are granted leave to commence adoption proceedings in respect to the child, X, born … 2011.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 1944 of 2019

Mr Northrop

1^st Applicant

And

Ms Northrop

2^nd Applicant

And

Mr Coleman

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. X was born in 2011. She is the subject of this application by Mr Northrop and Ms Northrop for leave to commence adoption proceedings pursuant to s 60G of the Family Law Act 1975 (Cth).

2. Ms Northrop is the biological mother of X and she is a 32 year old and works in the public service. Mr Northrop is 44 years old and works as a business manager. Ms Northrop and Mr Northrop met in 2013 and were married in 2014. Ms Northrop and Mr Northrop have a son together, Y, who is two years old.

3. Mr Coleman is the biological father of X. He has elected to play a very limited role in X’s life and has not seen or spoken with her since January 2017. Mr Coleman and Ms Northrop never married or lived together and X was not a planned pregnancy.

4. Mr Northrop has always treated X as his own daughter and assumed parental responsibility for her. I accept that he and X have a strong father/daughter bond. Mr Northrop has three older children who live primarily with their mother. Mr Northrop is actively involved in their lives and has always paid child support as required in addition to other money to support the children’s lifestyle. X refers to her step-siblings as her brothers and sisters.

5. In 2015, X’s surname was changed to Northrop with Mr Coleman’s consent.

6. Ms Northrop wants Mr Northrop to legally adopt X so that if something were to happen to her, she would know that Mr Northrop would be able to look after and advocate for X. Mr Northrop and Ms Northrop believe that they are able to provide a stable environment for X and that the adoption is in her best interests.  

7. In February 2017, Mr Coleman informed Ms Northrop that he wanted Mr Northrop to adopt X and that he would not contest such an application. Since then Mr Coleman has enquired about the progress of the application on a number of occasions and also paid the application fee for the lodging of this application.

WHY APPLY FOR LEAVE TO ADOPT?

1. Although adoption is a matter governed by State law, s 92 of the Adoption Act (Qld) makes an application for leave pursuant to s 60G of the Family Law Act 1975 (Cth) (“the Act”) a prerequisite to an application for adoption. At the time of the adoption application the child must be at least five years old and not yet 17 years old (although the application for adoption may still be made if the process can be completed before the child attains 18 years).

2. An application for leave to commence adoption proceedings may only be made by a ‘prescribed adopting parent’. A prescribed adopting parent is defined in s 4(1) of the Act as being:

   a)A parent of the child.

   b)The spouse of, or a person in a de facto relationship with, a parent of the child.

   c)A parent of the child and either his or her spouse or a person in a de facto relationship with the parent.

3. In considering whether or not to grant leave pursuant to s 60G of the Act the Court must consider whether granting leave would be in the child’s best interests having regard to the effect of ss 60F(4)(a), 60HA(3)(a), 61E and 65J. A note appearing after s 60G of the Act states:

   Sections 60CB to section 60CG deal with how a court determines a child’s best interests.

4. Sections 60CB to 60CG set out an array of matters that must be considered where relevant.

5. The consequences for the child upon adoption include:

   a)If the parents were married, the child will cease to be a child of the marriage for the purposes of the Act, after the adoption (s 60F(4)(a));

   b)If the parents were in a de facto relationship, the child will cease to be a child of the parties to the de facto relationship for the purposes of the Act, after the adoption (s 60HA(3)(a));

   c)A person with parental responsibility prior to the adoption (whether in full or to a limited extent and whether because of s 61C or because of a parenting order) will cease to have parental responsibility, after the adoption (s 61E);

   d)If a parenting order is in force in relation to the child immediately before the adoption, the parenting order stops being in force, after the adoption (s 65J).

DISCUSSION

1. Although both Ms Northrop and Mr Northrop are named as applicants, the order sought by them initially sought leave for Mr Northrop only to commence proceedings for adoption. Leave was granted to amend the order sought so as to include Ms Northrop having regard to the effect of adoption on a person having parental responsibility as provided for in s 61E of the Act.[1] While it appears anomalous that a biological mother in these circumstances should need to be included, it seems to be required if she is to retain parental responsibility. 

   [1]Cahill & Fryer [2008] FamCA 1245.

2. In this case Ms Northrop and Mr Northrop are prescribed adopting parents within the meaning of the Act. In determining the application for leave I must consider what will be in X’s best interests by reference to ss 60CB to 60CG and the particular sections referred to in s 60G, so far as they are relevant. While I may not specifically discuss each subsection I have considered them where relevant.

3. Ms Northrop and Mr Northrop have been living together for over five years and have a child together. X adores her younger half-brother. X is now seven years old and has lived the majority of her life with Ms Northrop and Mr Northrop and relates to Mr Northrop as her father. She refers to Mr Northrop’s other children as her siblings. She lives in a stable and loving household.

4. X has not seen or communicated with Mr Coleman in over two years.

5. Mr Coleman supports the making of this application, having requested Mr Northrop and Ms Northrop to do so in February 2017. He has no opposition to Mr Northrop adopting X and indeed supports it.

6. In the circumstances I am satisfied that it would be in X’s best interests for leave to be granted, and, accordingly I make the order as set out above.

I certify that the preceding eighteen (18) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Carew delivered on 1 April 2019.

Associate: 

Date:  1 April 2019