Gardinier & Kruckel [2025] FedCFamC1F 592 (11 August 2025)

Note: The form of the order is subject to the entry in the Court's records.

Note: This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. The Application before me today is an application for leave under Section 60G of the Family Law Act 1975 (Cth) for the First Applicant Dr Gardinier to adopt the child X who was born 2008 ("the child").
2. The material has been properly brought to the attention of the biological father, Mr Kruckel. He has not sought to engage in these proceedings, and it would seem that at least since some time in 2023, he has not maintained any attempt to engage with his daughter, despite there being consent Orders made by the Family Court of Australia (as it then was) on 30 November 2016 which provide provisions for him to do so.
3. An application for leave to adopt must be dealt with in accordance with the principles of what are in the best interests of the child. I am satisfied that, in this case, when Mr and Mrs Gardinier, (as they are now) commenced cohabitation in January 2017, X, at that stage, was approximately nine years of age. She has been a member of their household since then, and on all the evidence, which I accept, and which is not challenged, Mr Gardinier has taken up the role of father in her life.
4. He, quite properly and sensibly, does not suggest he is her biological father, and the child knows that he is not. He has, though, in every way, and certainly well before the parties were married (which they were in late 2023) been a member of the household where X is now the only infant child, they have become a concise, committed family unit.
5. X has, I am told, indicated a desire to be adopted. Adoption is a change of status for a child. It involves not only possible changes of names, but changes of legal rights against the adopted parent. All those things are known to this couple. X seems very happy in her family situation, and I am delighted to be able to make the Order sought in the Application for leave to adopt. I make the order, which will issue today.

I certify that the preceding five (5) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Baumann.