Published 15 May 2019
Discharge of adoption order — Adoption Act 1955, s 20 — GM v T [1996] NZFLR 817 — RLK v HH [2003] NZFLR 625 — Re E [1992] NZFLR 216 — Application by C & K (Adoption) 3 NZFLR 321. The applicant, Mr Larson, applied for a discharge of an adoption order under s 20(3)(a) of the Adoption Act 1955. Mr Larson and his wife had adopted baby Gisella in 2009, but separated 3 months later. Since the separation he had no contact with Gisella. Mr Larson contended there were material misrepresentations made in the evidence in respect to the adoption and sought to have the order discharged. He submitted he had misrepresented his love for Gisella and the stability of his marriage. The Judge considered previous decisions that had resulted in a discharge of an adoption order, and found Mr Larson's case did not meet the high threshold. Evidence of social worker reports and Mr Larson's own statements at the time of the adoption contradicted his current statements. Furthermore, the Judge found that even if a material misrepresentation had been made, the Court would not exercise its discretion to discharge the adoption order. A discharge would impact Gisella's legal relationships with her mother, grandparents and biological parents, potentially unsettling the child who was happy in the day-to-day care of her grandparents. This would not have been in the child's best interests. The application was refused. Judgment Date: 29 March 2018. * * * Note: Names have been changed to comply with legal requirements * * *
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