Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19:

1. By further amended summons filed on 31 January 2025, the Secretary of the New South Wales Department of Communities and Justice (DCJ) seeks an order that Rose Eilis Lacey (not her real name), now 7 years of age, be adopted by the proposed adoptive parents, Nancy Farrell (not her real name) and Jack Farrell (not his real name).

2. The Secretary also seeks orders dispensing with the consent of Rose's birth parents, Mary Lacey (not her real name) and Tony Sheridan (not his real name); an order approving the name "Farrell" (not the real surname) as the surname for Rose (with "Eilis" as the middle name, not the real middle name); and registration of the maternal adoption plan.

3. In this judgment, I will refer to each of the family members and other individuals involved by their first names for convenience and without intending any disrespect. In this anonymised version of the judgment, all persons referred to have been assigned pseudonyms in keeping with s 180 of the Adoption Act 2000 (NSW) (the Act).

Rose

4. Rose is a confident, outgoing, bright and bubbly girl who enjoys spending time outside engaging in physical activities such as running, kicking balls, swimming in the pool, playing on the trampoline and climbing. Rose is very proud when she learns something new, often lighting up the room with her smile and giggles. Rose attends weekly swimming lessons and enjoys participating in children's triathlons alongside Jack.

5. Rose has global development delay. Among other things, this means that she has limited spatial awareness, reduced cognitive capacity, is easily overwhelmed and has a reduced capacity for self-regulation. Rose has very low fine motor skills, cognitive skills and language skills. She has a short attention span and is easily distracted. Rose may also have features of Oppositional Defiant Disorder.

6. The indications are that Rose may have significant and ongoing intellectual impairments arising from additional material on her second chromosome. This may be impacting her development, and she will likely require lots of support in the future. Her challenges in life are likely to be extensive.

7. Rose has regularly attended speech pathology sessions, therapy sessions, and consultations with occupational therapists and paediatricians. Rose has made progress in her receptive language skills, speech development skills and self-care skills. Over the years, Rose has struggled regulating her emotions and this continues to be an ongoing challenge for Rose.

8. In 2024, Rose started school at 6 years of age. Rose's enrolment in school was delayed by one year due to her global developmental delay. Prior to this, Rose attended both an early learning centre to develop her social, emotional and cognitive skills, and pre-school to prepare Rose for school.

9. At school, Rose receives additional support through a teacher's aide, receiving one-on-one support for literacy and numeracy. Rose's first semester report in 2024 noted that Rose is excelling in dance lessons and described Rose as a "vivacious and cheerful member of the class" who is well-liked within the classroom setting. Rose enjoys school and when she arrives her friends run up to greet her.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196eac1f69e46fa30abb0632)

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