FLAST CASE SUMMARY: Ingham 2019: Step Parent Application For Leave To Commence Adoption Proceedings
Ingham & Ingham [2019] FamCA 28 (25 January 2019)
FACTS:
- The child X was born in 2002- now 16 years and 10 months of age.
- Mr and Ms Ingham were married in 2008, they began to live together at this time, child X was nearly six and a half years of age.
- Child X has lived with Mr and Mrs Ingham in their house since this time, 3 siblings over the years were born and joined child X.
- Mr and Ms Ingham have together undertaken all tasks and made all of the decisions associated with raising child X to the age of 16.
- Child X regards stepfather Mr Ingham as his father.
- July 2011, Ms Ingham changed child X and child W’s surnames from her maiden name to the surname “Ingham.” Child X was nine years of age.
- 2018, child X was asked to provide his Birth Certificate several times, those requests have caused him some distress and concern because of the non-appearance of Mr Ingham’s name on the certificate.
- Child X has voiced his need that he wants to be an “equal” member of the family for he is in everything but “legal terms.”
- 11 December 2018, an Initiating Application was filed.
- The Applicant is the child’s stepfather Mr Ingham.
- 18 January 2019, an order is sought pursuant to section 60Gof the Family Law Act 1975 (Cth) granting leave to commence proceedings for the adoption of the child.
- There are no other parenting orders or DV orders between the parties or ongoing cases in relation to child X.
ISSUE:
Is it in child X best interest to consider granting leave to commence adoption proceedings?
HELD
The court determined the commencement of the proceedings seeking adoption is in the child’s best interest. Application granted.
The intention of this application is to bring into line in a legal approach the way in which the family and child X who is undoubtedly considered by Mr Ingham as his son - have been living their lives together.
At [3] the court looked to Section 92 of the Adoption Act 2009 (Qld) which provides that a person may apply to the Chief Executive to coordinate an adoption by that person of a child only if a number of matters have been satisfied. Contained within these matters, at subparagraph (1)(d), is that a person has been granted leave under the Family Law Act 1975 (Cth).
It was determined that Mr Ingham satisfies the requirement that the proceedings are by a prescribed adopting parent.
Moreover, it was established based on the evidence provided that Mr Ingham and Ms Ingham have both assumed all responsibilities and made all decisions related in raising child X to the age of 16.
The Court considered under section 60G(2) whether granting leave to initiate proceedings is in child X best interests, the Judge gave extensive consideration to the “best interests” considerations outlined in section 60CC of the Family Law Act 1975(Cth).
The Court acknowledged that if the appropriate consideration is undertaken by the relevant State authorities, and an adoption order were made, the parties and child X would most likely achieve substantial further emotional benefit, which is in child X best interest. Furthermore, the court was satisfied that all mandatory legislative pre requisites were established based on the evidence provided to grant the application.
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