Adoption Director-General, Department of Family & Community Services; Re TVK [2012] NSWSC 1629

Supreme Court New South Wales

Medium Neutral Citation: Adoption Director-General, Department of Family & Community Services; Re TVK [2012] NSWSC 1629 Hearing dates: 12 December 2012 Decision date: 17 December 2012 Jurisdiction: Equity Division - Adoption List Before: Brereton J Decision: Adoption order; parentage order; access order Catchwords: ADOPTION - access arrangements - relevant considerations - where there is a dispute between adopting parents and birth father as to frequency and duration of contact - interests of child are paramount but interests of birth father are relevant

ADOPTION - whether court has jurisdiction to make a contact order following making an adoption order - Family Law Act s 69ZK - whether a child in respect of whom an adoption order has been made is a child under the care of a person under a child welfare law Legislation Cited: (Cth) Family Law Act 1975, s 69ZK (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) Adoption Act 2000, s 67(1)(b), s 95, s 96 (NSW) Children (Care and Protection) Act 1987 (NSW) Status of Children Act 1996, s 21(2) Cases Cited: Adoption Application A83/6507 [1984] 2 NSWLR 590 Newling and Mole (1987) 11 Fam LR 974 Re J (1990) 14 Fam LR 584 The Marriage of Lane (1986) 10 Fam LR 1018 The Marriage of Sargent, Director of Department of Youth and Community Services (1995) 10 Fam LR 867 Category: Principal judgment Parties: Director-General, Department of Family and Community Services for the applicants (Mr and Mrs M) - Plaintiff Birth Mother, Mrs T - First Defendant Birth father, Mr A - Second Defendant Child, TVK Representation: Counsel: Ms Christie - Plaintiff Mr Lawson (solicitor) - Second Defendant Solicitors: NSW Crown Solicitor - Plaintiff William Lawson Solicitor - Second Defendant File Number(s): A31/2012