Small and Anor and Jandow

This matter came before the Family Court of Australia in Brisbane, presided over by Forrest J. The applicants, Mr and Ms Small, sought leave pursuant to section 60G of the *Family Law Act 1975* (Cth) to commence proceedings for the adoption of the child B by Mr Small. The respondent, Mr Jandow, the biological father of the child, made no appearance, and the proceedings were undefended.

The court was required to determine whether to grant leave for the adoption proceedings to commence, a decision governed by the paramount consideration of the best interests of the child, B. This determination had implications under both the *Family Law Act 1975* and the *Adoption Act Queensland 2009*, which stipulated new criteria for step-parent adoptions, including the requirement for leave from this Court. The court also considered the effect of adoption on parental responsibility and existing parenting orders under sections 61E and 65J of the *Family Law Act 1975*.

Forrest J reasoned that the decision to grant leave was to be guided by the child's best interests, as mandated by section 60G(2) of the *Family Law Act 1975*. The court noted the significant factual background: the child, born in 2001, had been in the mother's care since the separation from the biological father, Mr Jandow, in 2003. Since that separation, Mr Jandow had had no contact with the child, despite the mother's whereabouts being known and no parenting orders being in place. The applicants, Mr and Ms Small, had been in a relationship since 2003, married in 2007, and had another child. Mr Small had been a father figure to B since the child was two years old, sharing financial responsibility and providing a stable, loving environment. The child, aware that Mr Small was not his biological father, expressed a desire to be adopted by him. The court found that, in all the circumstances, it was in the child's best interests to grant leave.

Leave was granted pursuant to section 60G of the *Family Law Act 1975* for proceedings to be commenced for the adoption of the child B by the applicants, Mr and Ms Small.