Adoption of RCC and RZA [2015] NSWSC 813

Supreme Court New South Wales

Medium Neutral Citation: Adoption of RCC and RZA [2015] NSWSC 813 Hearing dates: 10, 11, 12, 20 June 2014 Date of orders: 24 June 2015 Decision date: 24 June 2015 Jurisdiction: Equity Division - Adoption List Before: Brereton J Decision: Consent dispense orders and Adoption orders made; adoption plan registered Catchwords: FAMILY LAW AND CHILD WELFARE - child welfare under State legislation - adoption - whether adoption clearly preferable to any other order that could be made with respect to care of children – relevance of realistic possibility of restoration - where placement with applicants well-established and beneficial – where applicants' parenting capacity superior – where children have history of disrupted attachments – where children would be at greater risk of abuse if restored - where children identify with proposed adoptive family - held, preserving possibility of restoration would not be in best interests of children and adoption is clearly preferable to any other order that could be made with respect to their care FAMILY LAW AND CHILD WELFARE - child welfare under State legislation - adoption – whether consent of birth mother should be dispensed with - where children in care of approved carers with whom they have established relationship – where adoption would promote children's welfare – held, necessarily also in children's best interests to make consent dispense order so as to allow adoption order to be made FAMILY LAW AND CHILD WELFARE - child welfare under State legislation - adoption – adoption plans - registration – whether provisions in children's best interests and proper in the circumstances – where plan does not contravene adoption principles and parties understand its provisions and freely enter into it - where registration would provide assurance in respect of contact for non-consenting birth mother – held, plan registered. Legislation Cited: (NSW) Children and Young Persons (Care and Protection) Act 1998, s 83, s 90 (NSW) Adoption Act 2000, s 8(1), s 8(2), s 46(2B), s 50, s 67(1)(d), s 90, s 101 Cases Cited: Re D; Application of A [2006] NSWSC 1056 Director-General, Dept of Community Services v D and Ors [2007] NSWSC 762; (2007) 37 Fam LR 595 Re Sarah [2013] NSWCA 379 Director General Department of Family and Community Services; Re Stephen [2011] NSWSC 1521 Adoption of NG (No 2) [2014] NSWSC 680 In the matter of Campbell [2011] NSWSC 761 Adoption of SRB, CJB and RDB [2014] NSWSC 138 Adoption of BS (No 3) [2013] NSWSC 2033 Director-General, NSW Department of Family and Community Services; Re JS [2013] NSWSC 306 Category: Principal judgment Parties: Secretary, Department of Human Services by his delegate The Principal Officer, Adoptions, Barnardos Australia (P) FB (D) Representation: Counsel: M. Neville (P) P. Braine (D)