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A Sad Case of Custody of a Child
  31/5/2010

Dr Anthony Pun, OAM

The article "Wrongly taken Child is adopted out" which appeared in the Australian (31 May 2010) gave an impression that DOCs has done the wrong thing.  In reading the judgment of Justice Palmer, (D v A&B â£á¡§ re C [2010] NSWSC 440 (27 April 2010) one concludes that the matter is a sad one. There is no doubt that the interest of the child is paramount. 

The decision to remove the child from the natural mother for medical treatment is a correct one.  The adoptive parents should be commended for their love and compassion for the child despite her medical condition.  However, we must not totally ignore the emotional bond of the natural parents to the child. In hindsight, DOCs could have consulted the Chinese community regarding the cultural and emotional aspects of the case in order to have a better understanding of the circumstances.

A cultural solution to this problem is imminent and is also possible, ie. for the child to stay with the adoptive parents and visiting rights for the natural parents.  

Social workers of Chinese background would have the expertise required to assist this matter should the natural parents wish to reach a compromise with the adoptive parents.  It must be a win-win situation that benefits the child.   

We do not know the circumstances at the hospital or the reasons why various opportunities given by the authorities to the natural parents were not taken up.  When these circumstances are revealed, conciliation between the adoptive and natural parents can be reached.  If un-resolved, the child will be the judge of her natural parents actions when she is matured enough to start asking questions about the circumstances of her birth.

(Dr Anthony Pun, OAM, National President ,Chinese Community Council of Australia) 

The Australian article reported today is here: 

http://tinyurl.com/2a76msd

The judgment by Justice Palmer is here:  

 http://tinyurl.com/297akpf

 



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