In the matter of O; In the matter of S [2019] NSWSC 20

In the matter of O; In the matter of S [2019] NSWSC 20

Orders for adoption were made because S and O each established stable, long-term relationships with their respective proposed adoptive parents; there was no real prospect of restoration to birth parents; the evidence (including expert evidence) confirmed that adoption would promote their welfare and provide permanence; and adoption was clearly preferable in their best interests to any alternative, with appropriate contact arrangements in place.

Jurisdiction
Australia
Judgment Date
30 January 2019
Procedural Posture
Adoption Proceedings / Final Judgment
Outcome
Orders made for dispensing with consent of birth parents and for the adoption of S and O, with approval of proposed names including an additional middle name; registration of amended maternal adoption plans.
Legal Topics
['adoption' 'dispensing With Consent' 'best Interests of the Child' 'adoption Plans' 'contact Arrangements' 'sibling Separation']
['family Law' 'child Welfare' 'equity'] ['adoption' 'dispensing With Consent' 'best Interests of the Child' 'adoption Plans' 'contact Arrangements' 'sibling Separation']

Case Brief

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Procedural Posture

Adoption Proceedings / Final Judgment

Legal Issues

  1. 1 ['Whether consent of birth parents should be dispensed with for the adoption of S and O under s 67 of the Adoption Act 2000 (NSW)' 'Whether making adoption orders is in the best interests of S and O, and clearly preferable to other alternatives under s 90(3) of the Adoption Act 2000 (NSW)' 'Appropriateness of contact arrangements and adoption plans under the Adoption Act 2000 (NSW)']

Ratio Decidendi

Orders for adoption were made because S and O each established stable, long-term relationships with their respective proposed adoptive parents; there was no real prospect of restoration to birth parents; the evidence (including expert evidence) confirmed that adoption would promote their welfare and provide permanence; and adoption was clearly preferable in their best interests to any alternative, with appropriate contact arrangements in place.

Court Disposition

Orders made for dispensing with consent of birth parents and for the adoption of S and O, with approval of proposed names including an additional middle name; registration of amended maternal adoption plans.

Orders

  • ['Consent of birth mother and birth father to adoptions of S and O dispensed with pursuant to s 67 of the Adoption Act 2000 (NSW).' 'Adoption order made for S in favour of D and L and for O in favour of K.' 'Registration of amended maternal adoption plans for S and O.' 'Approval of names proposed for S and O,...