Re Alice [2021] NSWSC 700

Supreme Court New South Wales

Medium Neutral Citation: Re Alice [2021] NSWSC 700 Hearing dates: 15 June 2021 Date of orders: 16 June 2021 Decision date: 16 June 2021 Jurisdiction: Equity - Adoptions List Before: Williams J Decision: Order that, until further order, the child be made a ward of the Court; order that, for a period of three months or until earlier further order, parental responsibility for the child be delegated to the Secretary, New South Wales Department of Communities and Justice; order that the consent of the child's birth father be dispensed with; order that the plaintiff serve a copy of the reasons for judgment and order on the child's birth mother as soon as practicable. Catchwords: FAMILY LAW AND CHILD WELFARE – adoption – interim order – application for interim order allocating parental responsibility to Secretary under s 84(2) of the Adoption Act 2000 (NSW) – where temporary care arrangement expiring imminently – where Secretary will not have parental responsibility under s 75 of the Adoption Act 2000 (NSW) on expiry of temporary care arrangement – whether s 84(2) applies where no existing application for adoption order – whether orders should be made in exercise of parens patriae jurisdiction where s 84(2) does not apply. FAMILY LAW AND CHILD WELFARE – adoption – consent – consent dispense order under Adoption Act 2000 (NSW), s 67(1)(a) – application for order dispensing with the consent of the birth father – where birth father cannot, after reasonable inquiries, be found or identified – where in best interests of child to make consent dispense order Legislation Cited: Adoption Act 2000 (NSW), ss 53, 63, 67, 70, 73, 75, 84, 85, 206 Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 151, 152 Interpretation Act 1987 (NSW), s 33 Cases Cited: Adoption of NV [2015] NSWSC 2135 Application by Director-General Department of Community Services; Re L (a child) (2008) 71 NSWLR 343 R v A2; R v Magennis; R v Vaziri (2019) 93 ALJR 1106 Re Application by Director-General of Department of Community Services; re BCG (a child) [2003] NSWSC 1040 Re Jules (2008) 40 Fam LR 122 Re Liam [2009] NSWSC 643 Category: Principal judgment Parties: Secretary, NSW Department of Communities and Justice (Plaintiff) Representation: Counsel: Mr M. Anderson (Plaintiff)