Adoption of Hogarth [2017] NSWSC 1861

Supreme Court New South Wales

Medium Neutral Citation: Adoption of Hogarth [2017] NSWSC 1861 Hearing dates: 23, 25 May 2017 Date of orders: 26 May 2017 Decision date: 26 May 2017 Jurisdiction: Equity - Adoptions List Before: Brereton J Decision: Consent dispense orders made; adoption orders made; adoption plan registered. Catchwords: FAMILY LAW AND CHILD WELFARE – child welfare under State legislation – adoption – whether consent of birth parents ought to be dispensed with – where children in care of approved carers with whom they have an established relationship – held, in children's best interests to make consent dispense order so as to allow adoption order be made.

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 to birth parents not proposed – where placement with applicants well-established and beneficial – where birth parents have remained committed to children – where limited relationship with birth siblings – where children identify with proposed adoptive family – where adoptive parents are committed to supporting birth parent contact – held, making of the adoption order clearly preferable to any other order that could be made with respect to care of children.

FAMILY LAW AND CHILD WELFARE – child welfare under State legislation – adoption – adoption plans – registration – where provisions are agreed between parties – held, plan registered. Legislation Cited: (NSW) Adoption Act 2000, s 50(3), 67(1)(d) Cases Cited: Adoption of JLK and CRK [2017] NSWSC 7 Adoption of SRB, CJB and RDB [2014] NSWSC 138 Texts Cited: Bohman M & Sigvardsson S (1990) 'Outcome in Adoption: Lessons from Longitudinal Studies' in The Psychology of Adoption, eds Brodzinksy D M & Schechter M D, pp 93-106 Brodzinksy D M (1993), 'Long-Term Outcomes in Adoption', The Future of Children, 3(1): 153‑166 Holloway J S (1997), 'Outcome in Placements for Adoption or Long Term Fostering', Archives of Disease in Childhood, 76(3): 227-230 Rushton A, Treseder J & Quinton D (1995), 'An Eight‑Year Prospective Study of Older Boys Placed in Permanent Substitute Families: A Research Note', Journal of Child Psychology and Psychiatry, 36(4): 687‑695 Triseliotis J (2002), 'Long-Term Foster Care or Adoption? The Evidence Examined', Child and Family Social Work, 7(1): 23-33 Vinnerljung B & Hjern A (2011), 'Cognitive, Educational and Self-Support Outcomes of Long-Term Foster Care Versus Adoption: A Swedish National Cohort Study', Children and Youth Services Review, 33(10): 1902-1910 Category: Principal judgment Parties: Secretary, Department of Family and Community Services (plaintiff) Felicity Evelyn Hogarth (defendant) Jackson Richard Hewitson (defendant) Aiden James Cotter (defendant) Representation: Counsel: Ms M Neville Ms V Willoughby (solicitor)