Temitope & Faolain
[2024] FedCFamC1F 902
•16 September 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Temitope & Faolain [2024] FedCFamC1F 902
File number(s): BRC 247 of 2024 Judgment of: BAUMANN J Date of judgment: 16 September 2024 Catchwords: FAMILY LAW – ADOPTION – Leave to make an application pursuant to the Adoption Act 2009 (Qld) Legislation: Family Law Act 1975 (Cth) s 60G Division: Division 1 First Instance Number of paragraphs: 8 Date of hearing: 16 September 2024 Place: Brisbane Solicitor for the First Applicant: Litigant in person Solicitor for the Second Applicant: Litigant in person Solicitor for the Respondent: The Respondent did not appear ORDERS
BRC 247 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS TEMITOPE
First Applicant
MR TEMITOPE
Second Applicant
AND: MR FAOLAIN
Respondent
ORDER MADE BY:
BAUMANN J
DATE OF ORDER:
16 SEPTEMBER 2024
THE COURT ORDERS ON A FINAL BASIS:
1.That pursuant to s 60G of the Family Law Act 1975 (Cth) the Second Applicant, Mr Temitope be granted leave to make an application pursuant to the Adoption Act 2009 (Qld) for the adoption of the child, X born 2012.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of 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 Temitope & Faolain has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
(Settled from the oral reasons delivered)BAUMANN J:
X is a little boy, now aged almost 12 years, born 2012. He is the biological son of Mr Faolain and Ms Temitope.
Sadly, I am satisfied on the evidence that the relationship between the mother and the biological father was shaped by family violence. There is evidence of a Family Violence Order made in 2014 and asserted breaches thereafter. It appears the relationship between the mother and the biological father was on and off.
The mother took citizenship in this country in 2013 and works as a health professional. Happily, after the breakdown of the on and off relationship with the biological father, the mother met Mr Temitope, who is the second Applicant in these proceedings.
Mr Temitope has filed an affidavit, as has the mother. It reveals how Mr Temitope has, from the time of the cohabitation with the mother in about 2018, taken on all the responsibilities of a parent to X. I am satisfied that this is the case. Even if I had doubts, it has been more than properly explained by a range of letters of support, which I have read and are attached to the mother’s affidavit from a family friend and solicitor; a further family friend, Mr B, who is also a sportsperson; a Dr C, who is a work colleague of the mother and speaks positively of the relationship; a clinical psychologist and friend, Ms D; the school captain at the child’s school, Mr E; the child’s sports coach, again, attesting to the child’s interest in sport, Ms F; and a friend and colleague of the mother, Ms G. They all speak volumes of the happy household which X has now become a part of.
In 2021, the mother was successful in having the child’s surname changed to “[Temitope]” by the South Australian Civil Administrative Tribunal.
To explain to the parties today, the Court must be satisfied when leave is given to adopt that to do so would be in the child’s best interest.
The parties’ self-prepared material abundantly makes it clear it is in his best interests that they now begin the process through the State of Queensland administrative process to perfect an adoption of this young boy.
In the circumstances and in his best interests, I make an order that leave be granted.
I certify that the preceding eight (8) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Baumann. Associate:
Dated: 24 January 2025
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