Winston & Anor & Neefs

In the matter of *Winston & Anor & Neefs*, Forrest J of the Family Court of Australia considered an application by Ms Winston and Mr Winston for leave to commence adoption proceedings. The application sought permission to adopt a child, X Clifford (also known as Winston), born in 2009, by her stepfather, Mr Winston. The respondent biological father had consented to the adoption.

The central legal issue before the Court was whether it was in the child's best interests to grant the applicants leave to commence proceedings under the *Adoption Act 2009* (Qld) for the adoption of X Clifford. This required the Court to consider the provisions of section 60G of the *Family Law Act 1975* (Cth) in relation to the proposed adoption.

Forrest J determined that granting leave was in the child's best interests. The Court applied the principles relevant to determining a child's best interests in adoption matters, taking into account the consent of the biological father and the proposed parental role of the stepfather.

Consequently, Forrest J ordered that pursuant to section 60G of the *Family Law Act 1975* (Cth), the applicants, Ms Winston and Mr Winston, be granted leave to file an application for the adoption of the child, X Clifford (aka Winston), by her stepfather, Mr Winston.