Application of M [1999] NSWSC 497

Application of M [1999] NSWSC 497

The father's consent should be dispensed with because he could not be found after reasonable inquiry, had abandoned the child, had failed for over one year to discharge parental obligations, and the child had a stable relationship with the applicant. Although adoption by the child's great-aunt could create some complexity in natural relationships, that potential adverse impact was of small importance compared with the strong benefit to the child's welfare and interests from adoption by the person who had long cared for her and discharged parental responsibility.

Jurisdiction
Australia
Judgment Date
27 May 1999
Procedural Posture
Private and Unopposed Adoption Application / Application Considered in Private Chambers; Judgment on Adoption Order
Outcome
Adoption order made.
Legal Topics
['adoption by Relative' 'dispensing With Parental Consent' 'welfare and Interests of the Child' 'existing Natural Family Relationships']
['adoption Law' 'family Law'] ['adoption by Relative' 'dispensing With Parental Consent' 'welfare and Interests of the Child' 'existing Natural Family Relationships']

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Procedural Posture

Private and Unopposed Adoption Application / Application Considered in Private Chambers; Judgment on Adoption Order

Legal Issues

  1. 1 ["Whether the child's father's consent to the adoption should be dispensed with." "Whether an adoption order in favour of the child's great-aunt would best serve the child's welfare and interests despite the existing natural family relationship."]

Ratio Decidendi

The father's consent should be dispensed with because he could not be found after reasonable inquiry, had abandoned the child, had failed for over one year to discharge parental obligations, and the child had a stable relationship with the applicant. Although adoption by the child's great-aunt could create some complexity in natural relationships, that potential adverse impact was of small importance compared with the strong benefit to the child's welfare and interests from adoption by the person who had long cared for her and discharged parental responsibility.

Court Disposition

Adoption order made.

Orders

  • ["Father's consent dispensed with." 'Order of adoption made.']