The Secretary, New South Wales Department of Family and Community Services v Zara [2018] NSWSC 580

The Secretary, New South Wales Department of Family and Community Services v Zara [2018] NSWSC 580

Adoption by Penny was in Evie's best interests and clearly preferable to any other available course because Evie had lived continuously with Penny since 2009, regarded Penny as her mother and primary caregiver, was settled and flourishing in Penny's care and school environment, had no contact with Zara for about three and a half years, and would suffer significant emotional, physical and geographic upheaval if restored to Zara. Zara lacked insight into Evie's needs and her own difficulties with emotional regulation, volatility, aggression and substance use, and the Court was not satisfied she could meet Evie's emotional and physical needs. Penny was a suitable and capable proposed...

Jurisdiction
Australia
Judgment Date
03 May 2018
Procedural Posture
Application for an Adoption Order Under the Adoption Act 2000 (nsw) and for Consent Dispense Orders / Principal Judgment After Hearing
Outcome
Consent of birth parents dispensed with; adoption order made
Legal Topics
['best Interests of the Child' 'dispensing With Parental Consent' 'authorised Carer Adoption' 'long Term Foster Care' 'contact Arrangements' 'adoption Plan']
['family Law and Child Welfare' 'adoption' 'child Welfare Under State Legislation'] ['best Interests of the Child' 'dispensing With Parental Consent' 'authorised Carer Adoption' 'long Term Foster Care' 'contact Arrangements' 'adoption Plan']

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Procedural Posture

Application for an Adoption Order Under the Adoption Act 2000 (nsw) and for Consent Dispense Orders / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether it was in Evie's best interests, both in childhood and later life, to be adopted by Penny." "Whether Zara's consent to the adoption should be dispensed with under s 67(1)(d) of the Adoption Act 2000 (NSW)." "Whether the birth father's consent should be dispensed with under s 67(1)(a) of the Adoption Act 2000 (NSW)." 'Whether adoption by Penny was clearly preferable to any other action that could be taken by law, including maintaining the status quo or restoration to Zara.' 'Whether the amended adoption plan and proposed supervised contact arrangements should be approved and registered.']

Ratio Decidendi

Adoption by Penny was in Evie's best interests and clearly preferable to any other available course because Evie had lived continuously with Penny since 2009, regarded Penny as her mother and primary caregiver, was settled and flourishing in Penny's care and school environment, had no contact with Zara for about three and a half years, and would suffer significant emotional, physical and geographic upheaval if restored to Zara. Zara lacked insight into Evie's needs and her own difficulties with emotional regulation, volatility, aggression and substance use, and the Court was not satisfied she could meet Evie's emotional and physical needs. Penny was a suitable and capable proposed...

Court Disposition

Consent of birth parents dispensed with; adoption order made

Orders

  • ['An adoption order for Evie is to be made in favour of Penny.' "Zara's consent to Evie's adoption is dispensed with." "Evie's birth father's consent to Evie's adoption is dispensed with." 'The amended contact plan allowing for a minimum of four supervised contact visits per year, subject to preconditions being met,...