Somerville and Somerville

[2010] FamCA 72

FAMILY COURT OF AUSTRALIA

SOMERVILLE & SOMERVILLE [2010] FamCA 72

FAMILY LAW – ADOPTION – Leave to commence proceedings

Family Law Act 1975 (Cth)

APPLICANT: Mr Somerville

SECOND RESPONDENT: Ms Somerville

FILE NUMBER: CSC 808 of 2009

DATE DELIVERED: 1 February 2010

PLACE DELIVERED: Townsville

PLACE HEARD: Townsville

JUDGMENT OF: Mushin J

HEARING DATE: 1 February 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr A.T. Lee

SOLICITOR FOR THE APPLICANT: Lee & Co.

COUNSEL FOR THE RESPONDENT: Ms Harrison

SOLICITOR FOR THE RESPONDENT: N/A

Orders

IT IS ORDERED THAT

1. Pursuant to the provisions of s.60G of the Family Law Act 1975 leave is granted to Mr Somerville to commence proceedings for adoption of the child E born … May 1993.

2. All applications be otherwise dismissed.

3. General liberty be reserved to both parties to apply.

IT IS CERTIFIED

1. Pursuant to Rule 19.50 of the Family Law Rules 2004 this matter reasonably required the attendance of counsel.

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: CSC 808 of 2009

MR SOMERVILLE

Applicant

And

MS SOMERVILLE

Second Respondent

REASONS FOR JUDGMENT

1. Pursuant to section 60G of the Family Law Act 1975 the applicant seeks the approval of this Court to proceed with an application for adoption in the Children’s Court in Queensland in respect to the child E born in May 1993, who is presently aged 16 and half years. 

2. I have had the advantage today of an appearance on behalf of Mr Somverville and also on behalf of Adoption Services Queensland who are in agreement with the application.  I have read the initiating application together with an affidavit of the applicant sworn on 11 December 2009 and an affidavit of the principal solicitor of the applicant Rosemary Shirley Jean Lee, also sworn on that date.

3. The affidavits satisfy me that the applicant married the second respondent, Ms Somerville, in June 2005 and there is no child of that marriage.  The subject child, E, is a child of the second respondent and the father Mr Coolie.  The father died in Queensland in May 1998 and I note the death certificate certifying to that fact. 

4. This matter has a very sad history.  At the time of the marriage of the applicant and the second respondent, the second respondent suffered from multiple sclerosis, although the disease was not far advanced at that time, it has progressed considerably and I am satisfied by paragraph 5 of the affidavit of the applicant that on medical advice the second respondent may only have less than 12 months to live.  The applicant has been the carer of the second respondent for approximately five years.

5. This application does not create an order for an adoption.  It is simply, if granted, an expression by this Court that there is no impediment to the relevant parties proceeding in the Children’s Court of Queensland to seek to adopt the subject child.  The question of the merits of that application is not a matter for this Court, it is a matter for the Children’s Court. 

6. I am particularly grateful for the support of Adoption Services Queensland in consenting to the application on the facts as deposed to and particularly given first, the death of the child’s father and second, the very sad health situation of the mother, that it is appropriate that this application be granted.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Mushin

Associate: 

Date: