Helen Fischer & Anor v Ashley Thompson and Others (Anonymised) [2019] NSWSC 773

Helen Fischer & Anor v Ashley Thompson and Others (Anonymised) [2019] NSWSC 773

The Court was not satisfied on the evidence that Ben or his father fulfilled the statutory test of Aboriginality under the Adoption Act 2000 (NSW); therefore, the Aboriginal child placement principles did not apply. The Secretary had made reasonable inquiries given the circumstances. Adoption, supported by expert evidence and Ben's own considered wishes, was clearly in Ben's best interests and preferable to any alternative. Name change and contact orders reflected Ben's wishes and best interests.

Jurisdiction
Australia
Judgment Date
27 June 2019
Procedural Posture
Adoption / Final Orders Judgment
Outcome
Adoption order made in favour of the plaintiffs; name change approved; contact regime approved; Family Court parenting orders made
Legal Topics
['adoption' 'best Interests of the Child' 'aboriginal Child Definition' 'aboriginal Child Placement Principles' 'consent to Adoption' 'contact Regimes' 'parental Responsibility' 'name Change in Adoption']
['equity' 'family Law'] ['adoption' 'best Interests of the Child' 'aboriginal Child Definition' 'aboriginal Child Placement Principles' 'consent to Adoption' 'contact Regimes' 'parental Responsibility' 'name Change in Adoption']

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Procedural Posture

Adoption / Final Orders Judgment

Legal Issues

  1. 1 ['Whether Ben is an Aboriginal child for the purposes of the Adoption Act 2000 (NSW)' 'Whether the Aboriginal child placement principles were properly applied' 'Whether reasonable inquiries were made by the Secretary' "When Ben was 'placed for adoption'" "Whether adoption is in Ben's best interests and clearly preferable than any other option" 'Appropriateness of orders for name change and contact']

Ratio Decidendi

The Court was not satisfied on the evidence that Ben or his father fulfilled the statutory test of Aboriginality under the Adoption Act 2000 (NSW); therefore, the Aboriginal child placement principles did not apply. The Secretary had made reasonable inquiries given the circumstances. Adoption, supported by expert evidence and Ben's own considered wishes, was clearly in Ben's best interests and preferable to any alternative. Name change and contact orders reflected Ben's wishes and best interests.

Court Disposition

Adoption order made in favour of the plaintiffs; name change approved; contact regime approved; Family Court parenting orders made

Orders

  • ['Ben is adopted by Helen Fischer and Carly McLeod.' "Ben's surname is changed to Fischer-McLeod and his given names to Ben Mark Gordon." 'Contact arrangements between Ben and birth family as agreed and approved by the Court.' "Parenting orders pursuant to the Family Law Act 1975 (Cth) as per parties' consensus."]