Re the Adoption of CCS and FLS [2019] NSWSC 71

Supreme Court New South Wales

Medium Neutral Citation: Re the Adoption of CCS and FLS [2019] NSWSC 71 Hearing dates: 28 – 29 November 2018; 6 December 2018 Date of orders: 06 December 2018 Decision date: 21 February 2019 Jurisdiction: Equity Before: Hallen J Decision: See Paragraph 241 Catchwords: FAMILY LAW AND CHILD WELFARE — Child welfare under State legislation — Application for the adoption of two children, who are siblings, in favour of a married couple — Father of the children opposed orders until the hearing and then withdrew opposition, although did not consent to the adoption orders — Mother of the children does not consent but did not appear at the hearing despite notice of hearing having been given to her –– Whether consent of children's birth parents should be dispensed with — Proposed relocation of proposed adoptive family interstate — Whether order for adoption of each child should be made in favour of proposed adoptive parents — Whether proposed name change for each child to include surname of proposed adoptive parents, and inclusion of the surname of the birth father, should be approved

FAMILY LAW AND CHILD WELFARE – Amended Adoption Plans — registration — where provisions were agreed between the parties and the proposed adoptive parents at the hearing — Where registration would mitigate residual risk in respect of birth family contact — Whether both amended Adoption Plans should be registered Legislation Cited: Adoption Act 1993 (ACT) Adoption Act 2000 (NSW) Adoption Regulation 2015 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Family Law Act 1975 (Cth) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Adoption of BL [2018] NSWSC 391 Adoption of Hogarth (No 2) [2019] NSWSC 9 Adoption of JLK and CRK [2017] NSWSC 7 Adoption of NG (No 2) [2014] NSWSC 680 Adoption of RCC and RZA [2015] NSWSC 813 Adoption of Taylor-Clarke [2019] NSWSC 27 Application of H and H, child JW (2011) 45 Fam LR 681; [2011] NSWSC 93 CDJ v VAJ (No 2) (1998) 197 CLR 172; [1998] HCA 76 Department of Family & Community Services and LH; Re R [2011] NSWSC 551 Director General Department of Family and Community Services; Re Stephen [2011] NSWSC 1521 Director General Department of Human Services; Re M [2011] NSWSC 369 Director-General, Dept of Community Services v D & Ors [2007] NSWSC 762 Harding v Commissioner of Taxation [2018] FCA 837 In re B (A Minor) (Adoption: Natural Parent) [2002] 1 WLR 258; [2001] UKHL 70 In the matter of Campbell [2011] NSWSC 761 In the matter of D (A Child) [2014] EWFC 39 In the matter of the Adoption Act, 2010, Section 49 (2), and in the matter of JB (a minor) and KB (a minor) [2018] IESC 30 J v C [1970] AC 668 Northern Territory v GPAO (1999) 196 CLR 553 at 584; [1999] HCA 8) Oxfordshire County Council v X [2010] Fam Law 790; [2010] EWCA Civ 581 Project Blue Sky v ABA 194 CLR 355; [1998] HCA 28 Re Adoption of KH [2015] NSWSC 274 Re B (A Minor) [2002] 1 WLR 258; [2001] UKHL 70 Re B (Adoption: Jurisdiction to Set Aside) [1995] Fam 239 Re Evelyn [1998] FamCA 55 Re G (A Child) [2013] EWCA Civ 965 Re K & The Adoption Act 2000 [2005] NSWSC 858 Re S-B (Children) (Care Proceedings: Standard of Proof) [2010] 1 AC 678; [2009] UKSC 17 Re W (A Child) (Adoption: Grandparents' Competing Claim) [2017] 1 WLR 889; [2016] EWCA Civ 793 Re WS (No 3) [2017] NSWSC 1160 Rice v Miller (1993) 16 Fam LR 970 Secretary, New South Wales Department of Family and Community Services by his delegate, Principal Officer, Barnardos Australia v MB and JW [2017] NSWSC 1087 Secretary, New South Wales Department of Family and Community Services by his delegate, Principal Officer, Barnados Australia v HR & CD [2016] NSWSC 1926 Secretary, New South Wales Dept of Family and Community Services (by his delegate Principal Officer, Adoptions, Barnardos Australia); Re JLR [2015] NSWSC 926 Texts Cited: "Adoption: Complexities Beyond the Law" (Speech delivered by Lord Wilson at the Denning Society Lecture at Lincoln's Inn, 13 November 2014) Category: Principal judgment Parties: Secretary for the Department of Family and Community Services (Plaintiff) CMS (Defendant) Representation: Counsel: Ms T Stevens (Plaintiff) Ms M Barnett (Plaintiff) Mr D J Murray (Defendant)