Adoption of SRK, CLK and ASK [2013] NSWSC 1968

Supreme Court New South Wales

Medium Neutral Citation: Adoption of SRK, CLK and ASK [2013] NSWSC 1968 Hearing dates: Chambers Decision date: 19 November 2013 Jurisdiction: Equity Division - Adoption List Before: Brereton J Decision: Decline to amend orders Catchwords: FAMILY LAW AND CHILD WELFARE - child welfare under State legislation - adoption - where order made approving name of child in circumstances where child's current wishes were inadvertently not before the court - whether "exceptional" circumstances justifying discharge of adoption order - no basis for discharging order so as to correct error

FAMILY LAW AND CHILD WELFARE - child welfare under State legislation - adoption - where no order sought or made approving name change of child over the age of eighteen years upon making adoption order - whether order should now be made - proper mechanism for a name change in the circumstances is deed poll Legislation Cited: (NSW) Adoptions Act 2000, s 93, s 101 Cases Cited: DG re JMS and LJS [2012] NSWSC 786 Category: Principal judgment Parties: Director-General, Family and Community Services (applicant) Representation: Counsel: Solicitors: Crown Solicitors' Office (applicant) File Number(s): A202/2012

Judgment 1On 26 June 2013, on the application of the plaintiff Director-General, I made orders for the adoption of three children in favour of the proposed adopting parents, and pursuant to (NSW) Adoption Act 2000 s 101(1)(b) made orders approving the names of two of them (A and C), the third (S) having attained eighteen years of age. By letter of 15 October 2013, the plaintiff requests that the Adoption Orders made in respect of A and S be amended.