Adoption of SRK, CLK and ASK (No 2) [2014] NSWSC 160

The oversight in failing to place the second consent before the Court led to an order approving a name different from the child's wishes; the Court would have approved the correct name if the second consent were before it. Therefore, the slip rule is enlivened and the order should be corrected.

Jurisdiction: Australia
Judgment Date: 27 February 2014
Procedural Posture: Application Under Adoption Legislation / Application to Vary Adoption Order Under Slip Rule
Outcome: Adoption order varied under slip rule to substitute the name sought
Legal Topics: ['adoption' 'correction of Orders' 'slip Rule']

['family Law' 'child Welfare'] ['adoption' 'correction of Orders' 'slip Rule']

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Procedural Posture

Application Under Adoption Legislation / Application to Vary Adoption Order Under Slip Rule

Legal Issues

1 ["Whether the adoption order can be amended under the slip rule to reflect the child's current wishes regarding her name"]

Ratio Decidendi

Court Disposition

Adoption order varied under slip rule to substitute the name sought

Orders

['Pursuant to UCPR r 36.17, the order for adoption of the child A-LSK made on 26 June 2013 be amended by deleting the matter \'the names "A-L S"\' and substituting \'the names "A L"\'.' 'The amended order reads: The Court makes an order for adoption of the child A-LSK in favour of the adopting parents LK and DK...