Plummer and Bampton

In the Family Court of Australia, Ms A Plummer and Mr B Plummer (the applicants) sought leave to commence adoption proceedings for two children, C and D, against the respondent, Mr Bampton, who was the biological father. The application was for leave to bring proceedings in a Territory Court for the adoption of the children by the mother and stepfather.

The primary legal issue before the Court was whether to grant the applicants leave to commence adoption proceedings, as required by section 60G of the *Family Law Act 1975* (Cth), given that the stepfather was a "prescribed adopting parent". In determining this, the Court was obliged to consider the best interests of the children, as outlined in section 60CC of the Act.

Justice Dawe considered the affidavits filed by the applicants, which detailed the biological father's awareness of the proceedings and his consent to the adoption. The Court noted that the father had explicitly stated he did not object to the application and, in fact, promoted it. The Court found that the biological father was aware of the proceedings and had chosen not to participate, having made his consent clear. The Court also considered the children's ages and noted their expressed wish to continue their relationship with the stepfather as their father, as well as the father's consent to the children changing their surname to "Plummer". Based on the material before it, particularly the father's consent and the evidence supporting the children's best interests, the Court was satisfied that it was appropriate to grant leave.

Leave was granted to Ms A Plummer and Mr B Plummer to commence proceedings for the adoption of the children C and D. All matters were to be removed from the active pending list.