Adoption of VEP (anonymised) [2019] NSWSC 1553

Supreme Court New South Wales

Medium Neutral Citation: Adoption of VEP (anonymised) [2019] NSWSC 1553 Hearing dates: 17 October 2019 Date of orders: 17 October 2019 Decision date: 17 October 2019 Jurisdiction: Equity - Adoptions List Before: Sackar J Decision: Adoption Orders Made Catchwords: ADOPTION - FAMILY LAW AND CHILD WELFARE –Adoption- whether adoption in the child's best interests- whether adoption clearly preferable – shared parenting arrangement Legislation Cited: Adoption Act 2000 (NSW) Cases Cited: Adoption of Hogarth (No 2) [2019] NSWSC 9, Adoption of RCC and RZA [2015] NSWSC 813 Re K & the Adoption Act 2000 [2005] NSWSC 858 Re KN and The Adoption Act 2000 [2005] NSWSC 896 Re KSE & The Adoption Act 2000 [2006] NSWSC 92 Re WJP and the Adoption Act 2000 [2014] NSWSC 783 Secretary, Dept of Family and Community Services; Re C and the Adoption Act 2000 (NSW) [2014] NSWSC 1007 Texts Cited: n/a Category: Principal judgment Parties: Secretary, New South Wales Department of Family and Community Services (plaintiff) VEP (child) Representation: Counsel:

Solicitors: NSW Crown Solicitor (plaintiff) Ms N Hailstone (plaintiff) No other appearances File Number(s): 2019/86716

Judgment

Procedural background 1. The proceedings before me concern the adoption of VEP born August 2011. 2. By summons filed March 2019, the Secretary, Department of Family and Community Services sought the following orders: 1. That, pursuant to Adoption Act 2000 s 67(1)(d), the consent of the child's birth mother, AP be dispensed with; 2. That pursuant to Adoption Act 2000, s 67(1)(a) and s 67(1)(d), the court dispense with the consent of the child's birth father; 3. That pursuant to Adoption Act 2000, s 88(4) the Court dispense with the giving of notice on the child's birth father; and 4. An order for the adoption of the child VEP in favour of the adopting parent ND. 1. The matter was initially brought as an uncontested matter before Justice Parker in chambers. However, it appeared that the birth mother, while incarcerated, had informally objected to the adoption. The matter was then referred to me to give the birth mother an opportunity to formally contest the orders sought. 2. The matter first came before me in the Adoptions list on 11 September 2019. On that date, the Court's attempt to reach the birth mother by phone was unsuccessful. Ms Hailstone for the Secretary informed me that she had been unable to make contact with the birth mother, who had not answered her repeated emails or phone calls I stood the matter over to allow the birth mother further time to respond to the Secretary. 3. The matter was then listed on 27 September 2019. Again, the Court attempted to reach the birth mother by phone but there was no response. The Secretary informed me that they had continually tried to contact the birth mother but she was declining to respond. I was informed that the birth mother had been in contact with the proposed adoptive parent, and that the Secretary had formed the view that she was receiving their communications but deciding not to participate. 4. The Secretary then sought to have the orders for adoption made in chambers. I declined the request and informed them I would list the matter for hearing in Court on 16 October to give the birth mother a final opportunity to respond. 5. The matter then came before me for hearing on 16 October. On that morning it became apparent that the birth mother did not want to participate, and the matter was to proceed uncontested. In Court I informed Ms Hailstone for the Secretary that I had some problems with the evidence. I noted that I was satisfied with the Secretary's efforts to contact and communicate with the birth mother and that she had been given sufficient opportunity to respond and in fact had no intention of engaging with the process. I noted that my primary concern was the lack of evidence in the file about the proposed adoptive parent's new partner S. I adjourned the matter to give the Secretary the opportunity to provide further information to the Court. 6. The matter returned on 17 October. The Secretary provided me with a bundle of documents including a carer assessment for S, interviews with S and O, and further file notes of the s 91 report writer. 7. I made the orders as sought on 17 October. 8. I now publish my reasons in full.