Secretary, New South Wales Department of Family and Community Services by his delegate Principal Officer, Adoptions, Barnardos Australia; Re JLR [2015] NSWSC 926

Supreme Court New South Wales

Medium Neutral Citation: Secretary, New South Wales Department of Family and Community Services by his delegate Principal Officer, Adoptions, Barnardos Australia; Re JLR [2015] NSWSC 926 Hearing dates: 14, 15, 16, 17 April 2015; 22 May 2015 Date of orders: 14 July 2015 Decision date: 14 July 2015 Jurisdiction: Equity Division - Adoption List Before: Bergin CJ in Eq Decision: Orders dispensing with consent of birth parents; order for adoption; order for registration of Adoption Plan; approval of the changes to child's names. Catchwords: ADOPTION – where child taken into care in infancy – where birth parents have little or no contact with child – where paternal grandmother opposes adoption order – where position changes during hearing – where access visits with birth family subject of Adoption Plan - whether order for adoption in best interests of child – whether Adoption Plan should be registered. Legislation Cited: Adoption Act 2000 (NSW) Adoption Amendment (Same Sex Couples) Act 2010 Children and Young Persons (Care and Protection) Act 1998 (NSW) Family Law Act 1975 (Cth) Cases Cited: Adoption Director-General, Department of Family & Community Services; Re TVK [2012] NSWSC 1629 Adoption of KH [2015] NSWSC 274 Application of A; Re D [2006] NSWSC 1056; (2006) 36 Fam LR 142 Application of H & H, child JW [2011] NSWSC 93; (2011) 45 Fam LR 681 D v Director-General, Dept of Community Services [2005] NSWCA 474; (2005) 34 Fam LR 445 Director-General, Department of Community Services NSW v D [2007] NSWSC 762; (2007) 37 Fam LR 595 Director-General, NSW Department of Family and Community Services Re JS [2013] NSWSC 306 Director General Department of Human Services; Re M [2011] NSWSC 369 Director General Department of Family and Community Services; Re Stephen [2011] NSWSC 1521 Re G [2006] 1 WLR 2305 Re K & The Adoption Act 2000 [2005] NSWSC 858 Re KSE and The Adoption Act 2000 [2006] NSWSC 92 Re WJP and the Adoption Act 2000 [2014] NSWSC 783 William and Jane, Re [2010] NSWSC 1435; (2010) 44 Fam LR 292 Texts Cited: J Triseliotis, "Long-Term Foster Care or Adoption? The Evidence Examined" (2002) 7 Child and Family Social Work 23 J Cashmore, "What the Research Tells Us: Permanency Planning, Adoption and Foster Care reported in Children Australia" (2000) 25(4) Children Australia 17 Category: Principal judgment Parties: Secretary, New South Wales Department of Family and Community Services by his delegate Principal Officer, Adoptions, Barnardos Australia (Plaintiff) Birth Mother - BM (1st Defendant) Paternal Grand Mother – PGM (2nd Defendant) Representation: Counsel: DL Ward (Plaintiff) M Neville (1st Defendant) EA Lawson (2nd Defendant)