Application of H & H, child JW [2011] NSWSC 93

Application of H & H, child JW [2011] NSWSC 93

The Court found that JW, since placement with the applicants, has been known by both his Chinese and English names, and responds to both. The applicants demonstrated a commitment to preserving JW's cultural identity and heritage; their practice is consistent with previous sibling adoptions. On balance, and despite opposition, the change to JW's given name is in his best interests and approved pursuant to s 101(5) Adoption Act 2000.

Jurisdiction
Australia
Judgment Date
02 March 2011
Procedural Posture
Adoption Application / Final Hearing and Determination
Outcome
application granted
Legal Topics
['adoption' 'change of Name' 'best Interests of the Child']
['family Law'] ['adoption' 'change of Name' 'best Interests of the Child']

Case Brief

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Procedural Posture

Adoption Application / Final Hearing and Determination

Legal Issues

  1. 1 ["Whether the change of JW's given name is in the best interests of the child under s 101(5) Adoption Act 2000"]

Ratio Decidendi

The Court found that JW, since placement with the applicants, has been known by both his Chinese and English names, and responds to both. The applicants demonstrated a commitment to preserving JW's cultural identity and heritage; their practice is consistent with previous sibling adoptions. On balance, and despite opposition, the change to JW's given name is in his best interests and approved pursuant to s 101(5) Adoption Act 2000.

Court Disposition

application granted

Orders

  • ['Adoption order for JW as sought by applicants' "Change of JW's given name approved as sought by applicants" 'Dispensation with consents of natural parents and notice']