Application of RW and SW [1991] PNGLR 308

• Jurisdiction: Papua New Guinea
• Judge: Doherty J
• Judgment Date: 22 August 1991
• Citation: [1991] PNGLR 308
• Court: National Court
• Year: 1991
• Judgement Number: N1012

Full Title: Application of RW and SW [1991] PNGLR 308

National Court: Doherty J

Judgment Delivered: 22 August 1991

1 Adoption—application while applicants and child in another country—"application" means the originating process

2 INFANTS AND CHILDREN—Adoption—Jurisdiction—Residence or domicile at time of "application"—Means time of originating process—Adoption of Children Act (Ch275), s3.

The Adoption of Children Act (Ch275), s3, provides:

"3(1) A Court shall not make an order for the adoption of a child unless at the time of the filing in the court of the application for the order—

(a) the applicant, or (in the case of joint applicants) each of the applicants was resident and are domiciled in the country;

(b) the child was present in the country."

Held:

The time for determining the residence or domicile of the applicants for the purposes of s3 of the Adoption of Children Act (Ch275) is the date of filing of the originating process.

Application of GN and RN; Re Child A [1985] PNGLR 121 referred to

Summons

This was an application for adoption under the Adoption of Children Act (Ch275).

___________________________

Doherty J: The applicants RW and SW apply jointly for the adoption of an infant child D.

The matter has come before the National Court in Madang on two previous occasions, and, from the records, it is apparent there have been delays because the report of the Director of Child Welfare has not been filed. A letter was sent from the National Court directing the filing and as a result the Director wrote a minute, not a report, voicing concern that the natural father of the child did not appreciate what he was signing when he signed the consent to adoption.

I am satisfied on the...