Application GOC & GC; re WJS [2013] NSWSC 563
The court declined to make a consent dispense order regarding the birth mother because she is known and contactable, and no grounds under s 67 have been established to dispense with consent. Consequently, an adoption order cannot be made until proper consent is obtained or further evidence supports dispensation.
- Jurisdiction
- Australia
- Judgment Date
- 14 May 2013
- Procedural Posture
- Adoption Application / Interlocutory/adjourned
- Outcome
- Application for consent dispense order declined. Adoption application adjourned.
- Legal Topics
- ['adoption' 'inter Country Adoption' 'consent Dispensation']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Adoption Application / Interlocutory/adjourned
Legal Issues
- 1 ["Whether consent of the child's birth mother can be dispensed with for purposes of (NSW) Adoption Act 2000" 'Recognition of a foreign (Taiwanese) adoption under NSW law' 'Whether consent of birth father can be dispensed with']
Ratio Decidendi
The court declined to make a consent dispense order regarding the birth mother because she is known and contactable, and no grounds under s 67 have been established to dispense with consent. Consequently, an adoption order cannot be made until proper consent is obtained or further evidence supports dispensation.
Court Disposition
Application for consent dispense order declined. Adoption application adjourned.
Orders
- ['Proceedings adjourned to permit applicants to make submissions or adduce further evidence regarding consent or dispensation thereof.' 'Registrar directed to notify Director-General and applicants of the decision and supply judgment copy.']
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