Re WS (No 3) [2017] NSWSC 1160

Re WS (No 3) [2017] NSWSC 1160

The application for adoption is dismissed because the Court is not satisfied, on the evidence, that making an adoption order is in the best interests of the child or is clearly preferable to other available legal actions. There is insufficient evidence that the adoption will secure the stability, security, or benefits claimed, particularly as the proceedings’ main purpose is to secure an immigration visa, and there is no evidence that the order will assure the child’s return or right to remain in Australia. The statutory requirements for best interests and clear preferability were not met.

Parties
First Plaintiff: Ms SS; Second Plaintiff: Mr PGH; Child: Child WS (via Separate Representative); First Defendant: Secretary, Department of Family & Community Services
Jurisdiction
Australia
Judgment Date
31 August 2017
Procedural Posture
Adoption Application by Relatives / Final Judgment – Application for Making Adoption Order
Outcome
Application for adoption dismissed. No order as to costs. Exhibits to be dealt with under Uniform Civil Procedure Rules 2005 (NSW).
Legal Topics
Adoption by Relatives, Best Interests of the Child, Consent to Adoption, Sole Consent by Child, Dispense With Consent, Immigration and Adoption, Jurisdiction to Make Adoption Order, Adoption Versus Other Legal Alternatives
Family Law Child Welfare Adoption Adoption by Relatives Best Interests of the Child Consent to Adoption Sole Consent by Child Dispense With Consent +3 more

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Parties

Ms SS

First Plaintiff

Mr PGH

Second Plaintiff

Child WS (via Separate Representative)

Child

Secretary, Department of Family & Community Services

First Defendant

Procedural Posture

Adoption Application by Relatives / Final Judgment – Application for Making Adoption Order

Legal Issues

  1. 1 Whether adoption order is in best interests of child both in childhood and later life
  2. 2 Whether adoption order is clearly preferable to any other action that could be taken by law
  3. 3 Whether sole consent of child (aged 12+) is sufficient and birth parent consent is required or can be dispensed with

Ratio Decidendi

The application for adoption is dismissed because the Court is not satisfied, on the evidence, that making an adoption order is in the best interests of the child or is clearly preferable to other available legal actions. There is insufficient evidence that the adoption will secure the stability, security, or benefits claimed, particularly as the proceedings’ main purpose is to secure an immigration visa, and there is no evidence that the order will assure the child’s return or right to remain in Australia. The statutory requirements for best interests and clear preferability were not met.

Court Disposition

Application for adoption dismissed. No order as to costs. Exhibits to be dealt with under Uniform Civil Procedure Rules 2005 (NSW).

Orders

  • Amended Summons dismissed
  • No order as to the costs of any party – each party to pay their own costs