Re “K” and “M” (No 2)

The applicants, “K” and “M”, sought interim orders under section 84 of the Adoption Act 2000 (NSW) concerning the children “P” and “Q”. The applicants were seeking orders for the children to live with them, and for contact with the children’s biological parents to be suspended. The matter was heard in the Family Court of Australia. The applicants were foster parents of the children, and had been so since the children were born. An adoption application had not been made, but the applicants were considering it.

The court was required to determine whether interim orders under section 84 of the Adoption Act could be made in circumstances where an adoption application was not yet made but was being considered. The court also needed to decide whether such orders could only be made when an adoption application was already pending. Additionally, the court had to consider whether it was necessary to exercise the parens patriae jurisdiction to make such orders.

The court found that interim orders under section 84 could be made even if an adoption application had not yet been made, provided that an adoption order was contemplated. The court emphasised that the paramount consideration was the welfare and best interests of the children. The court found that there was no requirement for an adoption application to be pending in order for such orders to be made, and that the parens patriae jurisdiction could be exercised to make such orders. The court made the orders sought by the applicants.

The court ordered that the children “P” and “Q” live with the applicants “K” and “M”, and that contact with the children’s biological parents be suspended. The court found that these orders were in the best interests of the children.