Redshaw & Anor & Moran

[2019] FamCA 609

FAMILY COURT OF AUSTRALIA

REDSHAW AND ANOR & MORAN [2019] FamCA 609

FAMILY LAW – ADOPTION – By step-parent – Where the mother opposes the application for leave to adopt as adoption would stop the existing parenting order from being in force – Where parties consent to the parenting orders continuing, with the exception that the step-mother shall have parental responsibility along with the father and the children shall live with the step-mother and father – Application otherwise dismissed.

Family Law Act 1975 (Cth)

1st APPLICANT: Ms Redshaw

2nd APPLICANT: Mr Redshaw

RESPONDENT: Ms Moran

FILE NUMBER: BRC 14754 of 2018

DATE DELIVERED: 3 September 2019

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Carew J

HEARING DATE: 2 September 2019

REPRESENTATION

SOLICITOR FOR THE APPLICANTS: Ms Armstrong, Best Wilson Buckley

FOR THE RESPONDENT: Self-represented

It is Ordered by consent that:

1. The Order of 21 October 2015 shall continue, with the exception that the following shall apply with respect to parental responsibility, and live with arrangements.

Parental Responsibility

1. Except as otherwise stated, Ms Redshaw and Mr Redshaw (“the applicants”) are to have equal shared parental responsibility for the major long term issues of the children X (born … 2012) and Y (born … 2012).

Living Arrangements

1. The children shall live with the applicants.

It is further ordered

1. The Amended Application for Final Orders filed 21 August 2019 be otherwise dismissed.

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 Redshaw & Moran 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 14754 of 2018

Ms Redshaw and Mr Redshaw

Applicants

And

Ms Moran

Respondent

REASONS FOR JUDGMENT

1. Mr Redshaw (“the father”) and Ms Moran (“the mother”) are the biological parents of seven year old twins, X and Y. The children live with the father and their step-mother (“Ms Redshaw”). The mother has not seen the twins since July 2014 other than for the purposes of a family report prepared in December 2014. After a ten day trial in 2014/2015, an order was made prohibiting the mother from spending any time with the children.

2. When this matter was before me yesterday, the father and Ms Redshaw pressed their application for leave to adopt the twins pursuant to s 60G of the Family Law Act 1975 (Cth) (“the Act”). The application for leave was opposed by the mother because, as she submitted (quite correctly), the existing parenting order would stop being in force after the adoption (see s 60J of the Act). The existing parenting order creates an obligation on the father to provide information to the mother every six months and permits her to send “gifts, photos and greeting cards to the children” on the children’s birthdays and at Christmas.

3. However, the mother indicated that she would consent to an order that provided parental responsibility to Ms Redshaw (in addition to the father). The mother, who was self-represented, assured the Court that she understood the effect of such an order. She also informed the Court that she had obtained legal advice in relation to the application being made by the applicants.

4. The applicants tendered a minute of order[1] (a copy of which had been provided to the mother) which they said they would consent to but only if their application for adoption were unsuccessful. The proposed order would leave in place the parenting order made on 21 October 2015, save that, rather than parental responsibility vesting with the father only, the applicants would have equal shared parental responsibility for the children and the children would live with them (rather than just the father).  This reflects the situation that has been in place since July 2014. 

   [1] Exhibit 1.

5. Subsequent to the hearing, communication was received from the applicants (and copied to the mother) indicating that, upon reflection, they had decided to accept the mother’s proposal and wished to consent to the order as proposed in the minute tendered yesterday.   

6. In my view, the proposed order achieves the aims identified in the applicants’, material in that it will enable Ms Redshaw to make parenting decisions and will reflect the ongoing arrangement that the children live with them.

7. My concern about the adoption process, if leave to adopt were granted, would be that it may involve the children and the parties in an ongoing dispute for up to two years (according to the applicants’ lawyer) and require all parties and the children to participate in counselling and a family report. The final resolution of this matter in the terms proposed is in the best interests of the children.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Carew delivered on 3 September 2019.

Associate: 

Date:  3 September 2019