Event and Time
Event Description
- The case involves a mother and her step-father seeking leave to commence adoption proceedings for her child, X, born in 2021.
- The mother and step-father are also seeking orders for equal shared parental responsibility for the child, as well as orders for the child to live with them.
- The biological father of the child has never met the child and has consented to the orders sought.
Application and Claims
- The mother and step-father applied for leave to adopt the child and for shared parental responsibility.
- The application was supported by the biological father, who consented to the proposed orders.
- The application was heard in the Federal Circuit and Family Court of Australia on May 12, 2023.
Judicial Decisions
- The court granted leave for the mother and step-father to commence adoption proceedings.
- The court ordered that the mother and step-father have equal shared parental responsibility for the child.
- It was also ordered that the child live with the mother and step-father.
- All extant applications related to the matter were dismissed.
Dispute Points and Legal Basis
Dispute Points
- Claim by Mother and Step-father: The applicants presented a unified front, seeking the best interests of the child by ensuring a stable and nurturing family environment through adoption and shared parental responsibility.
- Biological Father's Position: The biological father, who has had no contact with the child, consented to the proposed orders, indicating no opposition to the adoption or shared parental responsibility.
- Legal Framework: The application was made under the Family Law Act 1975 (Cth), specifically referencing section 60G(1) for leave to adopt and guidelines on parental responsibility.