Adoption Application – re T & S [2008] NSWSC 96

Adoption Application – re T & S [2008] NSWSC 96

The Court found the statutory requirements for adoption were met, the children freely and actively consented and understood the effect, and adoption was deemed clearly preferable to continued foster care in terms of permanence, security, and best interests.

Jurisdiction
Australia
Judgment Date
15 February 2008
Procedural Posture
Adoption Application / Judgment
Outcome
Adoption orders will be made, subject to no revocation of consent within thirty days.
Legal Topics
['adoption' "children's Consent" 'best Interests of the Child']
['family Law'] ['adoption' "children's Consent" 'best Interests of the Child']

Case Brief

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Procedural Posture

Adoption Application / Judgment

Legal Issues

  1. 1 ['Whether adoption order is clearly preferable to other arrangements' 'Whether children are capable of consenting to their own adoption' 'Appropriateness of the Adoption Plan regarding access']

Ratio Decidendi

The Court found the statutory requirements for adoption were met, the children freely and actively consented and understood the effect, and adoption was deemed clearly preferable to continued foster care in terms of permanence, security, and best interests.

Court Disposition

Adoption orders will be made, subject to no revocation of consent within thirty days.

Orders

  • ['Adoption orders for T and S to be made if no revocation by 10 March 2008.' 'Formal orders to be made on 11 March 2008 in Chambers if no revocation.' 'Adoption Plan to provide for a maximum of eight access visits per year for Mr M and Ms P, with Ms P to have not less than four.']