Adoption KTM and AM [2015] NSWSC 296

Adoption KTM and AM [2015] NSWSC 296

The adoption orders were made because adoption by the authorised carers was clearly preferable in the best interests of both children, the children had established a stable relationship with the proposed adoptive parents, the adoption would promote their welfare, and making consent dispense orders was in their best interests. The father's notice was personally given, and the mother's notice was effectively given by post to her mother's address, which had been nominated by the mother or was an alternative address after unsuccessful attempts at the last known address. Although the father did not consent to the adoption, he was to be treated as a party for the purposes of registration of the...

Jurisdiction
Australia
Judgment Date
20 March 2015
Procedural Posture
Application for Adoption Orders, Consent Dispense Orders and Registration of an Adoption Plan / Principal Judgment in Chambers
Outcome
Orders for adoption, consent dispense orders made, and paternal adoption plan registered.
Legal Topics
['adoption Plan' 'dispensing With Consent of Birth Parents' 'notice of Adoption Application' 'best Interests of the Child' 'registration of Adoption Plan']
['family Law and Child Welfare' 'adoption'] ['adoption Plan' 'dispensing With Consent of Birth Parents' 'notice of Adoption Application' 'best Interests of the Child' 'registration of Adoption Plan']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Adoption Orders, Consent Dispense Orders and Registration of an Adoption Plan / Principal Judgment in Chambers

Legal Issues

  1. 1 ['Whether adoption by the proposed adoptive parents would promote the best interests of the children.' 'Whether the consents of the birth parents should be dispensed with.' 'Whether notice of the applications for consent dispense orders and adoption orders was sufficiently given to the birth parents.' 'Whether a non-consenting birth parent who signed an adoption plan may be treated as a party for the purpose of applying for registration of the plan.' 'Whether the paternal adoption plan should be registered.']

Ratio Decidendi

The adoption orders were made because adoption by the authorised carers was clearly preferable in the best interests of both children, the children had established a stable relationship with the proposed adoptive parents, the adoption would promote their welfare, and making consent dispense orders was in their best interests. The father's notice was personally given, and the mother's notice was effectively given by post to her mother's address, which had been nominated by the mother or was an alternative address after unsuccessful attempts at the last known address. Although the father did not consent to the adoption, he was to be treated as a party for the purposes of registration of the...

Court Disposition

Orders for adoption, consent dispense orders made, and paternal adoption plan registered.

Orders

  • ["Pursuant to s 67(2)(d), the consent of each child's natural father and mother be dispensed with." 'Orders for the adoption of each child by the proposed adoptive parents and approving their names as KTC-L and ASC-L respectively.' 'Order for the registration of the paternal adoption plan.']