Department of Family & Community Services and LH; Re R [2011] NSWSC 551

Supreme Court New South Wales

Medium Neutral Citation: Department of Family & Community Services and LH; Re R [2011] NSWSC 551 Hearing dates: 9 June 2011; 2 August 2011 Decision date: 17 August 2011 Jurisdiction: Equity Division - Adoption List Before: Hallen AsJ Decision: Adoption order in respect of child, R, should be made. It is in the child's best interests to change her surname. Orders as sought in Summons. Catchwords: Application for the adoption of a child - Child is over 12, but less than 18, years old - Child gives consent to adoption - Birth mother does not consent. Birth father does not contest adoption and is party to Adoption Plan - Child wishes surname to be the same as adoptive parent - Opposition by natural mother. Legislation Cited: Adoption Act 2000 Children and Young Persons (Care and Protection) Act 1998 Family Law Act 1975 (Cth) Cases Cited: B (A Minor), Re [2001] UKHL 70; [2001] UKHL 70; [2002] 1 All ER 641 C (a minor), Re (Adoption: Parental Agreement, Contact) [1993] 2 FLR 260 C v XYZ County Council [2007] EWCA Civ 1206; [2008] Fam 54 CDJ v VAJ (No 2) (1998) 197 CLR 172 D, Re; Application of A [2006] NSWSC 1056 Director-General, Dept of Community Services v D & Ors [2007] NSWSC 762; [2007] NSWSC 762; (2007) 37 Fam LR 595 Director General Department of Human Services; Re M [2011] NSWSC 369 Down and Lisburn Trust v H and R [2006] UKHL 36 Evelyn, Re [1998] FamCA 55 H, In the Marriage of [1994] FamCA 132; [1995] FLC 92-599 Infant, K & the Adoption of Children Act, Re [1973] 1 NSWLR 311 J v C [1970] AC 668 K, Re (a minor) (ward: care and control) [1990] 3 All ER 795 at 800, [1990] 1 WLR 431 Kress, In the Marriage of [1976] FLC 90-126 Marsden and Winch, in the Marriage of (2009) 42 Fam LR 1; [2009] FamCAFC 152 Northern Territory v GPAO (1999) 196 CLR 553 Oxfordshire County Council v X [2010] EWCA Civ 581, [2010] Fam Law 790 Peter, Re [2009] NSWSC 697 Rice v Miller (1993) 16 Fam LR 970 Stadniczenko v Stadniczenko [1995] NZFLR 493 Category: Principal judgment Parties: Director-General, NSW Department of Human Services by her delegate Principal Officer, Adoptions, Barnados Australia (Plaintiff) Ms LH (Defendant) Representation: Mr G Moore (Plaintiff) Ms LH (Defendant appeared in person) Crown Solicitor's Office (Plaintiff) Defendant appeared in person File Number(s): A14/2011