Woodbury and Anor and Fowler (No 2)

[2020] FamCA 204

FAMILY COURT OF AUSTRALIA

WOODBURY AND ANOR & FOWLER (NO. 2) [2020] FamCA 204

FAMILY LAW – ADOPTION – Leave to commence adoption proceedings granted.

Family Law Act 1975 (Cth) s 60G

APPLICANT: Ms Woodbury

SECOND APPLICANT: Mr Woodbury

RESPONDENT: Mr Fowler

FILE NUMBER: CAC 2580 of 2018

DATE DELIVERED: 26 March 2020

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Gill J

HEARING DATE: 26 March 2020

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Evans Family Lawyers

SOLICITOR FOR THE SECOND APPLICANT: Evans Family Lawyers

SOLICITOR FOR THE RESPONDENT: Self-representing

Orders

1. Leave is granted for adoption proceedings to be commenced in respect of X, born … 2010, by a prescribed adopting parent, namely Mr Woodbury, pursuant to s 60G of the Family Law Act 1975 (Cth).

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Woodbury & Fowler has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: CAC 2580 of 2018

Ms Woodbury

Applicant

And

Mr Woodbury

Second Applicant

And

Mr Fowler

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. This matter concerns an application pursuant to s 60G of the Family Law Act 1975 (Cth) seeking the Court's leave to commence adoption proceedings where those adoption proceedings are to be pursued by a stepparent of the child the subject of proceedings.

2. Here, Mr Woodbury, who is married to Ms Woodbury (who is the Mother of X, born in 2010), seeks such leave.  The circumstances set out in the affidavit material and the Adoption Report prepared by the relevant department, being exhibit M1, set out the history of X’s interactions with Mr Woodbury and that she is regarded and treated as part of the family that is now made up of her Mother and Mr Woodbury and now also her younger sister. 

3. The material also sets out that X has had a limited relationship with her biological Father.  He has appeared in Court today and has indicated to the Court his support for leave being granted for X to be adopted by Mr Woodbury. 

4. The effects of adoption have been explained to X and she has expressed the view that she wishes to be adopted by Mr Woodbury.  Those are most fully set out in exhibit M1.

5. The adoption, if it was to take place, is an adoption that would be in X's best interests such that she may be legally incorporated into the family in which she now forms a part, along with her younger sibling.  That would give her the benefits of meaningful relationship with two parents, something that she does not enjoy at present and it would be in accordance with her views and it would also be reflective of the nature of the relationships that X has with both her Mother and with Mr Woodbury.  Under those circumstances, I conclude that it is in X's best interests that leave be granted for Mr Woodbury to commence adoption proceedings. 

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Gill delivered on 26 March 2020.

Associate:

Date:  30 March 2020