Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 4:
1. It is not normally the practice of the Court to give reasons in uncontentious adoptions. That is not because those adoptions are unimportant. It is simply because there is no particular legal issue or contest whose resolution must be added to the public record of the Court's work in applying and developing the law.
2. The judges of the Court exercise their statutory role to make adoption orders under s 23 of the Adoptions Act 2000 (NSW), acutely conscious that every adoption is an important and life-changing event. You may be assured that we are also conscious and grateful for the privilege of sharing the joy of the adopted young people and their now legal "forever families" that comes with these occasions. Joyous occasions are rare and welcome exceptions to the more sombre, but no less important, other work that makes up the vast majority of the life of a judge.
3. I deliver these reasons, which are published with all names being pseudonyms (nominated by the family members themselves at the Court's invitation), because, in my respectful view, it is in the public interest that the circumstances of these proceedings be available to the community for two reasons.
4. First, these reasons are a grateful, public acknowledgement of the adoptive parents and these young people. Second, I do so in the hope that this family's story might inspire other suitable members of our community to undertake the profoundly important service to young people of becoming foster carers and adoptive parents. If I may respectfully say so, it is also an example of the vitality of multicultural Australia.
5. The adoptive parents are Bob and Sarah. Bob is an Australian of Middle Eastern Muslim background. Sarah is now an Australian citizen, but was born in Central Europe and was raised in the Orthodox tradition. They have been together as a couple for nearly 15 years.
6. The eight young people who are the subject of these proceedings are part of a large and complex sibling group of fifteen children. Their birth parents, in various combinations, are six adults. I record, without any judgment of their respective birth parents, that because of various challenges and circumstances faced by those birth parents, these eight young people became the subject of care proceedings in the Children's Court of New South Wales and were eventually ordered to be under the parental responsibility of the Minister until they turned 18.
7. What followed is not a straightforward story. There were twists and turns along the way that I do not need to recite. However, in broad terms, it is fair to say that those responsible for their care recognised the importance of not breaking up this group, if at all possible, in the interests of each of them. But who, it might be asked rhetorically, would assume the care of (then) seven children?
8. Each of these young people is an individual with his or her own personality, abilities and aspirations. Each of them, to varying degrees, still carries the burden of trauma from the circumstances which led to them coming into care. Some of them, to varying degrees, have learning, health and psychological difficulties. The evidence amply demonstrates that Bob and Sarah love and support each one of these young people and help each of them to thrive.
9. It is sufficient to record that Bob and Sarah first met seven of these young people in 2013 when they were "house parents" at the location where the children were then placed. They both continue to work in the disability and care sector. Remarkably, they decided in the interests of keeping the young people together that they would apply to become, and did become, the authorised carers of the entire group under out of home care arrangements pursuant to the Children and Young Persons (Care and Protection) Act 1998 (NSW).
10. The seven oldest children have lived continuously with Bob and Sarah since July 2014. The youngest was placed in their care when he was five days old in 2014 and, after a period of return to his birth mother, has lived continuously with Bob and Sarah since late 2016.
11. I will next say something about each of the young people and make some reference to the necessary formalities in relation to consent, including dispensing with the consent of some of the birth parents in relation to some of the young people. The Court also notes in the applicable cases the proposed maternal and paternal (as applicable) adoption plans as being appropriate in all the circumstances.
12. I will identify each of the young people in descending order of age.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197d435953b9e16dc4072d9e)
Disclaimer: Curated by HT Syndication.