Adoption of JLK and CRK [2017] NSWSC 7

Supreme Court New South Wales

Medium Neutral Citation: Adoption of JLK and CRK [2017] NSWSC 7 Hearing dates: 27, 28, 29 April 2016 Date of orders: 25 January 2017 Decision date: 25 January 2017 Jurisdiction: Equity - Adoptions List Before: Brereton J Decision: Consent dispense orders and adoption orders made 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 – where restoration not proposed - where placement with applicants well-established and beneficial – where one child has history of disrupted attachments and insecurity – where children identify with proposed adoptive family – where real potential for beneficial relationship with birth family including siblings – whether adoption would involve unacceptable risk to relationship with siblings - held, risk can be mitigated by registered adoption plan and is acceptable in light of benefits of adoption - 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 parents 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 – where provisions are agreed between all parties - where registration would mitigate residual risk in respect of birth family contact – held, plan registered. Legislation Cited: (NSW) Adoption Act 2000, s 8(1), s 8(2), s 50, s 67(1)(d), s 90(1), s 90(2), s 90(3), s 91, s 92 (NSW) Children and Young Persons (Care and Protection) Act 1998, s 90 Cases Cited: D, Re; Application of A [2006] NSWSC 1056 Director-General, Dept of Community Services v D and Ors [2007] NSWSC 762; (2007) 37 Fam LR 595 JS, Re [2013] NSWSC 306 NG, Adoption of [2014] NSWSC 680 RCC & RZA, Adoption of [2015] NSWSC 813 Rice & Asplund, In the marriage of (1978) 6 Fam LR 570; (1979) FLC ¶90-725 Sarah, Re [2013] NSWCA 379 Secretary, Department of Family and Community Services v Smith [2017] NSWSC 6 SRB, CJB & RDB, Adoption of [2014] NSWSC 138 Stephen, Re [2011] NSWSC 1521 Category: Principal judgment Parties: Secretary, NSW Department of Family and Community Services, by his delegate, Principal Officer, Adoptions, Barnardos Australia (plaintiff) JHK and MHK (defendants) Representation: Counsel: D. Ward (plaintiff) R. Dart (defendants)