Application of P - re Q and R [2006] NSWSC 1234

Application of P - re Q and R [2006] NSWSC 1234

There was serious concern for the welfare of Q and R if the consents of Ms S and Mr T were not dispensed with, because each natural parent lacked capacity to resume care, would likely continue litigation or attempts to regain custody, and that would undermine the children’s security. The children were strongly attached to Mr and Mrs P, wished to be adopted, had no positive relationship with the natural parents, and required a secure and permanent relationship with the adoptive parents; adoption was therefore in their best interests and clearly preferable to continued foster care.

Jurisdiction
Australia
Judgment Date
21 November 2006
Procedural Posture
Application for Orders Dispensing With Parental Consent to Adoption and for Adoption Orders / Final Judgment After Hearing
Outcome
Consent dispense orders made; adoption orders made.
Legal Topics
['dispensing With Parental Consent to Adoption' 'best Interests of the Child' 'adoption Orders' 'foster Care' 'parental Access and Contact']
['adoption Law' 'child Welfare' 'care and Protection'] ['dispensing With Parental Consent to Adoption' 'best Interests of the Child' 'adoption Orders' 'foster Care' 'parental Access and Contact']

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Procedural Posture

Application for Orders Dispensing With Parental Consent to Adoption and for Adoption Orders / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether the consents of Ms S and Mr T should be dispensed with under s.67(1)(c) and sub-section (2) of the Adoption Act 2000 (NSW) because there was serious concern for the welfare of Q and R and it was in their best interests to override the wishes of Ms S and Mr T.' 'Whether, in the particular circumstances of the case, it would be clearly preferable in the best interests of Q and R that they be adopted by Mr and Mrs P rather than left in their care as foster parents under s.90(3) of the Adoption Act 2000 (NSW).']

Ratio Decidendi

There was serious concern for the welfare of Q and R if the consents of Ms S and Mr T were not dispensed with, because each natural parent lacked capacity to resume care, would likely continue litigation or attempts to regain custody, and that would undermine the children’s security. The children were strongly attached to Mr and Mrs P, wished to be adopted, had no positive relationship with the natural parents, and required a secure and permanent relationship with the adoptive parents; adoption was therefore in their best interests and clearly preferable to continued foster care.

Court Disposition

Consent dispense orders made; adoption orders made.

Orders

  • ['In respect of each of the children, orders under s.67(1)(c) of the Adoption Act dispensing with the requirement for the consent of the natural mother and the natural father to the adoption.' 'In respect of each of the children, orders under s.23(1) of the Adoption Act for the adoption of the child in favour of the...