A v C – re P [2010] NSWSC 362

New South Wales Supreme Court

CITATION : A v C – re P [2010] NSWSC 362

HEARING DATE(S) : 22 and 23 April 2010

JUDGMENT DATE : 23 April 2010

JURISDICTION : Equity Division Adoption List

JUDGMENT OF : Palmer J

EX TEMPORE JUDGMENT DATE : 23 April 2010

DECISION : Adoption order to be made.

CATCHWORDS : ADOPTION – Whether adoption clearly preferable, in best interests of child, to parental responsibility order.

LEGISLATION CITED : Adoption Act 2000 (NSW) – s 8, s 50, s 90(3), s 92

CATEGORY : Principal judgment

PARTIES : Director General, Department of Human Services (Plaintiff) Ms C (Defendant)

FILE NUMBER(S) : SC A147/09

COUNSEL : M.W. Anderson (Plaintiff) Ms D. Ward (Defendant)

SOLICITORS : I.V. Knight, Crown Solicitor – Plaintiff Legal Aid – Defendant

A147/09 A v C – re P

JUDGMENT – Ex tempore 23 April, 2008

Introduction

1 This is an application by the Director General of Human Services for an adoption order in respect of a child, P, in favour of adoptive parents, Mr and Mrs A. To preserve the anonymity of the parties, they are referred to only by initials. 2 The application is opposed by P's birth mother, Ms C. P's father is unknown. Ms C does not seek that P be returned to her parental care. She accepts that it is in the best interests of P to remain in the care of Mr and Mrs A. Mr and Mrs A have accepted an adoption plan which provides for regular contact between P and Ms C. 3 Ms C says that the Court, in accordance with s 90(3) of the Adoption Act 2000 (NSW), should not make an adoption order because the Court cannot be satisfied that an adoption order would be clearly preferable, in the best interests of P, than an order under s 92 declaring P to be under the parental responsibility of Mr and Mrs A. Facts