Plummer and Bampton

[2011] FamCA 773

FAMILY COURT OF AUSTRALIA

PLUMMER & BAMPTON [2011] FamCA 773

FAMILY LAW – ADOPTION - Leave to commence proceedings – leave granted

Family Law Act 1975 (Cth) ss 60CC, s60G(2)

APPLICANTS: Ms A Plummer
and
Mr B Plummer

RESPONDENT: Mr Bampton

FILE NUMBER: DNC 171 of 2011

DATE DELIVERED: 19 May 2011

PLACE DELIVERED: Darwin

PLACE HEARD: Darwin

JUDGMENT OF: Dawe J

HEARING DATE: 19 September 2011

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Marris

SOLICITOR FOR THE APPLICANT: Marris & Co Solicitors & Barristers

COUNSEL FOR THE RESPONDENT: n/a

SOLICITOR FOR THE RESPONDENT: n/a

Orders

1. Leave is granted to Ms A Plummer and Mr B Plummer to commence proceedings for the adoption of the children C born … 2011 and D born … 2003.

1. Remove all matters from the active pending list.

IT IS NOTED that publication of this judgment under the pseudonym Plummer & Bampton is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT DANDENONG

FILE NUMBER: DNC 171 of 2011

Ms A Plummer and Mr B Plummer

Applicants

And

Mr Bampton

Respondent

EX-TEMPORE REASONS FOR JUDGMENT

1. This is an application by the mother and stepfather for leave to commence proceedings to adopt two children.  The biological parents of the two children are the mother in these proceedings and the respondent father.  The matter has been adjourned previously due to the concerns about the attitude of the respondent biological father and the need to ensure that he was fully aware of the significant proceedings before this Court.

2. This is not an application to adopt the two children, but an application for leave to bring proceedings in a Territory Court to bring about the adoption by the mother and stepfather.

3. The two children concerned are C who was born in 2001 and D who was born in 2003. 

4. I have before the Court the Initiating Application filed 13 May 2011 which seeks the leave to begin proceedings for adoption, together with the affidavit of the mother and stepfather and now an affidavit of the solicitor for the parties annexing correspondence to the biological father and referring to conversations between the solicitor and the biological father.

5. I am satisfied firstly, that it is appropriate to hear this matter as a final matter today taking into account the affidavits which indicate the biological father is very well aware of the proceedings and has chosen not to participate by filing any documents or attending.  He has also made it clear in the conversations with the mother and stepfather’s legal representative that he does not wish to object to the application and indeed consents and promotes the application by the mother and stepfather.

6. The factors contained in the Family Law Act (“the Act”) requires pursuant to s60G that the mother and stepfather obtain leave of this Court to bring proceedings in the Territory Court to commence an application for adoption of the children because the stepfather falls within the definition of a prescribed adopting parent. 

7. Subsection (2) of s60G requires the Court to give consideration to the best interests of the children.  In relation to those best interests the factors set out in s60CC would be relevant.  I have before me as previously indicated the affidavits of both the mother and the stepfather which draw the Court’s attention to matters which would support the conclusion that it is in the best interests of the children that leave be given to bring proceedings in another court for the adoption of the children.

8. If leave is granted and the adoption proceedings progress, then pursuant to the provisions of the Act the father loses his rights and responsibilities as a parent of the children and those would pass to the stepfather who would become the father of the children pursuant to the Northern Territory Legislation.

9. The significant factors in relation to the material in s60CC are the attitude of the parties to their responsibilities as parents and the capacity of the parties to provide appropriate care for the children.

10. Taking into account the children’s age, I do not place a considerable amount of weight on the wishes of the children, but note that the affidavits indicate that the children wish to continue in the relationship with the stepfather as their father.  It is also significant that the biological father has already consented to the children changing their name to “Plummer” that being the surname of the stepfather.

11. The significant material in the affidavits of the mother and stepfather indicate that it would be in the children’s best interests that the mother and stepfather be given leave to commence proceedings to adopt both children.  I therefore make an order granting leave to the mother and stepfather to commence proceedings for the adoption of the two children.

I certify that the preceding eleven (11) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Dawe delivered on 19 September 2011.

Associate: 

Date:  21 September 2011