A117/2016 [2016] NSWSC 1958

A117/2016 [2016] NSWSC 1958

The evidence concerning attempts to find the former husband was in only summary form and did not sufficiently establish that reasonable enquiry had been made to find or identify him, as required by Adoption Act 2000 (NSW), s 67(1)(a). The Court therefore did not make the dispensing order but granted leave to seek the return of subpoenas to assist in gathering further evidence and granted liberty to apply.

Jurisdiction
Australia
Judgment Date
17 October 2016
Procedural Posture
Application for Adoption Orders and for an Order Dispensing With the Consent of the Children's Biological Father / Orders Made Granting Leave to Approach the Associate for the Return of Subpoenas and Liberty to Apply
Outcome
Liberty to apply granted for a date for the return of subpoenas to assist in searches for the father of the children proposed for adoption.
Legal Topics
['dispensing With Parental Consent' 'reasonable Enquiry to Find or Identify a Parent' 'best Interests of the Child' 'subpoenas' 'preliminary Hearing']
['adoption Law' 'equity'] ['dispensing With Parental Consent' 'reasonable Enquiry to Find or Identify a Parent' 'best Interests of the Child' 'subpoenas' 'preliminary Hearing']

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Procedural Posture

Application for Adoption Orders and for an Order Dispensing With the Consent of the Children's Biological Father / Orders Made Granting Leave to Approach the Associate for the Return of Subpoenas and Liberty to Apply

Legal Issues

  1. 1 ["Whether the Court should dispense with the consent of the children's biological father under Adoption Act 2000 (NSW), s 67(1)(a)." 'Whether the father cannot, after reasonable enquiry, be found or identified.' 'Whether the existing evidence of attempts to find the father was sufficient.' 'Whether a preliminary hearing or subpoenas under Adoption Act 2000 (NSW), s 80 should be used to assist further searches.']

Ratio Decidendi

The evidence concerning attempts to find the former husband was in only summary form and did not sufficiently establish that reasonable enquiry had been made to find or identify him, as required by Adoption Act 2000 (NSW), s 67(1)(a). The Court therefore did not make the dispensing order but granted leave to seek the return of subpoenas to assist in gathering further evidence and granted liberty to apply.

Court Disposition

Liberty to apply granted for a date for the return of subpoenas to assist in searches for the father of the children proposed for adoption.

Orders

  • ['The Court notes that the applicants have not as yet adduced sufficient evidence to satisfy the Court for the making of an order under Adoption Act, s 67(1)(a).' 'Grant leave to the applicants to approach my associate for the return of subpoenas to assist the gathering of evidence in relation to Adoption Act, s...