Stiles & Whaling
[2021] FedCFamC1F 365
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Stiles & Whaling [2021] FedCFamC1F 365
File number(s): NCC 3075 of 2021 Judgment of: CLEARY J Date of judgment: 15 December 2021 Catchwords: FAMILY LAW – ADOPTION – Leave to commence proceedings – Best interests of the child – Where the biological father consents to the child’s adoption by the mother’s husband – Where the application is driven by the child – Leave granted. Legislation: Family Law Act 1975 (Cth) s 60G Division: Division 1 First Instance Number of paragraphs: 4 Date of hearing: 15 December 2021 Place: Newcastle Solicitor for the Applicants: East Coast Family Lawyers Solicitor for the Respondent: Self-Representing ORDERS
NCC 3075 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS STILES
MR STILES
Applicants
AND: MR WHALING
Respondent
ORDER MADE BY:
CLEARY J
DATE OF ORDER:
15 DECEMBER 2021
THE COURT ORDERS THAT:
1.Leave is granted pursuant to s 60G of the Family Law Act 1975 (Cth) for proceedings to be commenced for the adoption of the child, X Stiles (previously known as Y) born in 2007, by the applicant Mr Stiles prescribed adopting parent, being the spouse of the biological mother Ms Stiles.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Stiles & Whaling is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
ORAL REASONS FOR JUDGMENT
CLEARY J
I have read the affidavit of Mr Whaling. Thank you, Mr Whaling.
That affidavit establishes the consent of Mr Whaling, the biological father of Y, to her adoption by the mother’s husband. It also provides evidence of the biological father Mr Whaling’s reasons for agreeing to the adoption, which I am satisfied promote the child’s best interests in circumstances where I accept that this adoption application is to a large extent driven by Y herself. She wishes to be a full legal member of the Stiles family. Although her surname was changed in 2018, she very much wanted the final legal step to be taken.
I am content with the evidence for the reasons given.
An order is made accordingly.
I certify that the preceding four (4) numbered paragraphs are a true copy of the oral Reasons for Judgment of the Honourable Justice Cleary. Associate:
Dated: 15 December 2021
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