Secretary, New South Wales Department of Family and Community Services v Sophia La and Anor; (this judgment has been anonymised) [2019] NSWSC 658

Supreme Court New South Wales

Medium Neutral Citation: Secretary, New South Wales Department of Family and Community Services v Sophia La and Anor; (this judgment has been anonymised) [2019] NSWSC 658 Hearing dates: 29 May 2019 Date of orders: 31 May 2019 Decision date: 31 May 2019 Jurisdiction: Equity - Adoptions List Before: Sackar J Decision: Adoption Orders Made Catchwords: EQUITY - ADOPTION - Whether adoption proposed will promote the best interests of the children Legislation Cited: Adoption Act 200 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Adoption of Taylor-Clay [2019] NSWSC 27 Texts Cited: n/a Category: Principal judgment Parties: Secretary, New South Wales Department of Family and Community Services (Plaintiff) Sophia La (First Defendant) Antonio Tolliver (Second Defendant) Representation: Counsel: Ms M Barnett (Plaintiff)

Solicitors: Crown Solicitors, NSW (Plaintiff) Gonzalez, Gonzalez & Co (First Defendant) Luong (Second Defendant) File Number(s): A117/2018

Judgment

The Proceedings 1. These proceedings concern the adoption of two children, Barnaby Milo Tolliver ('Barnaby') and Jessica Mia Tolliver ('Jessica'). 2. The Secretary, New South Wales Department of Family and Community Services (the Secretary) by Summons filed 27 June 2018, seeks the making of the following Orders: Pursuant to Adoption Act 2000 s 67(1)(d), the consent of the children's birth mother be dispensed with. Pursuant to Adoption Act 2000 s 67(1)(d), the consent of the children's birth father be dispensed with. That pursuant to Adoption Act 2000 ss 50(1) and (3), the Adoption Plans signed by the adopting parents on 25 May 2019, be registered. An order for the adoption of the child Barnaby Milo Tolliver in favour of the adopting parents Dale Matthew Henry and Darla Rose Henry. An order approving the name "Henry" as the surname and "Barnaby Milo Tolliver" as the given names of the child. An order for the adoption of the child Jessica Mia Tolliver in favour of the adopting parents Dale Matthew Henry and Darla Rose Henry. An order approving the name "Henry" as the surname and "Jessica Mia Elsa Tolliver" as the given names of the child. 1. Both birth parents have engaged in the proceedings, indicating that they oppose the adoption. Initially, both parents indicated that they would like more contact with the children with each parent wanting contact a minimum of 12 times a year. On the day of hearing, 29 May 2019, this issue was resolved by the signing of amended paternal and maternal Adoption Plans. The plans stipulated that the birth mother and her family had six contact visits a year, but could invite the paternal family to each visit if they wished. Likewise, the paternal Adoption Plan stipulated that the paternal family would have six contact visits a year but could also invite the maternal family to each visit. The end result being that there would be 12 contact visits for the children. 2. As a result of discussions it is now sought to register the amended proposed Adoption Plans signed 29 May 2019. 3. The birth mother and birth father, whilst agreeing to the Adoption Plans, pressed their opposition to an adoption order.