Wever & Gibson
[2022] FedCFamC1F 916
Federal Circuit and Family Court of Australia
(DIVISION 1)
Wever & Gibson [2022] FedCFamC1F 916
File number(s): BRC 11510 of 2022 Judgment of: BAUMANN J Date of judgment: 14 October 2022 Catchwords: FAMILY LAW – ADOPTION – Leave to make an application pursuant to the Adoption Act 2009 (Qld) Legislation: Adoption Act 2009 (Qld)
Family Law Act 1975 (Cth)
Division: Division 1 First Instance Number of paragraphs: 4 Date of hearing: 14 October 2022 Place: Brisbane Solicitor for the Applicants: Armstrong Doessel Stevenson Solicitor for the Respondent: Litigant in person (did not participate) ORDERS
BRC 11510 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS WEVER
First Applicant
MR WEVER
Second Applicant
AND: MR GIBSON
Respondent
order made by:
BAUMANN J
DATE OF ORDER:
14 OCTOBER 2022
THE COURT ORDERS:
1.That pursuant to s 60G of the Family Law Act 1975 (Cth), the Second Applicant be granted leave to make an application pursuant to the Adoption Act 2009 (Qld) for the adoption of the children, X born 2006 and Y born 2009.
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 Wever & Gibson has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
BAUMANN J:
X, born 2006, and Y, born 2009, are the biological children of the Applicant, Ms Wever. Her husband, Mr Wever, effectively seeks leave to adopt the children. Briefly, the circumstances appear to be that the biological parents of X and Y separated some time in 2008. In late 2009, the mother and Mr Wever met, and by early 2010, began cohabitation. As a result, Mr Wever, from the time when the children were four years and some months respectively, was the male father figure in the household. Two years later, in early 2012, the mother and Mr Wever married. They remain married and, on all the evidence, happily so.
There is little evidence as to the amount of time, if any, the biological father, Mr Gibson, has had with the children since separation. Certainly, he has sporadically paid child support as the biological father, but for all intents and purposes, Mr Wever has taken on the role as father of these young children. They call him dad. He does things with them as a father might be expected to do, and he has the support of the biological mother for the Application he now brings. The Application has some urgency, because X will turn 17 years of age next year, and to seek leave to adopt (as he seeks) and as the order will be made today, he needs to get that process underway quickly.
There was little concern I had about how much of the Application the biological father was aware of. However, the Applicant’s legal representative, Mr Cusack, has directed me to an Affidavit of Service filed 21 September 2022, which satisfies my concern about what material was served. The Application was served personally on the father on 20 September 2022 in Queensland where he lives. A subsequent affidavit was also served personally. As to the biological father’s position, that is best reflected in an email of 6 April 2022 (found at Annexure KMC5 of the affidavit filed 14 September 2022), where he says “I agree to the adoption of my children, [X] and [Y], to [Mr Wever].”
In all the circumstances, I am satisfied that the biological father has notice of the Application. I am satisfied it is in the best interests of the children in terms of the history that has been occurring since at least early 2010, that Mr Wever have leave to make an application to adopt the children. Whether, as a consequence of that adoption, their names change is not a matter for me today. The consequences of adoption being granted is, of course, that any right to claim child support from the biological father would cease. This is something which the biological father is aware of and is reflected in what he said to the process server on or about 20 September 2022. In all the circumstances, I make the order sought in the Application.
I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Baumann. Associate:
Dated: 17 February 2023
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