Adoption of BW [2017] NSWSC 174

Supreme Court New South Wales

Medium Neutral Citation: Adoption of BW [2017] NSWSC 174 Hearing dates: 3 February 2017 Date of orders: 03 March 2017 Decision date: 03 March 2017 Jurisdiction: Equity - Adoptions List Before: Brereton J Decision: The Korean adoption is not recognised in NSW as the adopting parents were not at the time the adoption was granted habitually resident in NSW. Catchwords: FAMILY LAW AND CHILD WELFARE – Adoption – procedure – preliminary hearings – scope of preliminary hearing – whether limited to matters prescribed pursuant to Adoption Act s 80(1) and Adoption Regulation cl 89 – held, not so limited

FAMILY LAW AND CHILD WELFARE – Adoption – recognition of adoption under bilateral arrangements in prescribed overseas jurisdiction – whether Adoption Act s 113 has comparable effect to (CTH) Family Law (Bilateral Arrangements – Intercountry Adoption) Regulations 1998, reg 5 – meaning of "comparable effect" – held, it has

PRIVATE INTERNATIONAL LAW – personal connecting factors – residence – "habitual residence" – requirement for physical presence for an appreciable time – whether NSW couple who were in Hong Kong for a period of two years for employment reasons had lost habitual residence in NSW two months after departing – held, they had. Legislation Cited: (CTH) Family Law (Bilateral Arrangements — Intercountry Adoption) Regulations 1998, reg 4, reg 5, reg 8, Sch 1 (CTH) Family Law (Hague Convention on Intercountry Adoption) Regulations 1998, reg 34 (CTH) Family Law Act 1975, s 63C (NSW) Adoption Act 2000, s 80, s 83, s 84(2), s 113, s 114 (NSW) Adoption Regulation 2015, cl 89 (NSW) Uniform Civil Procedure Rules 2005, r 28.2 Cases Cited: Akbarali v Brent London Borough Council [1983] 2 AC 309 Armytage v Armytage [1898] P 178 Cooper v Casey (1995) 18 Fam LR 433 Cruse v Chittum [1974] 2 All ER 940 F, Re (A Minor) (Child Abduction) [1992] 1 FLR 548 Firebrace v Firebrace (1878) 4 PD 63 Hoy v Hoy (1906) 25 NZLR 857 J, Re (A Minor) (Abduction) [1990] 2 AC 562 Kilah v Director-General, Department of Community Services (2008) 39 Fam LR 431 LK v Director-General, Department of Community Services (2009) 237 CLR 583 M, Re (Minors) (Residence orders: jurisdiction) [1993] 1 Fam Law R 495 Punter v Secretary for Justice [2007] 1 NZLR 40 R, Re (Children) (Reunite International Child Abduction Centre and others intervening) [2016] AC 76; [2015] UKSC 35 S, Re and the Adoption Act 2000 (NSW) (No 2) [2006] NSWSC 1438; (2006) 206 FLR 394. Secretary, Department of Family and Community Services v Padwa (2016) FLC ¶93-701 Zotkiewicz v Commissioner of Police (No 2) (2011) FLC ¶93-472 Texts Cited: Davies, Bell and Brereton, Nygh's Conflict of Laws in Australia, 9th ed Category: Procedural and other rulings Parties: Secretary, Department of Family and Community Services (P) Representation: Counsel: Ms S. Christie (P)