Cases part 2

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A Victorian case that made headlines was in March 1955 - the Anderson vs. Cole-Sinclair adoption case.

With this case the child was removed from Daphne Anderson and adopted out, without the mother’s consent, when the divorced Anderson was placed in a mental health hospital. Anderson had well cared for the child over the previous three years since her birth.

At the time of the adoption, the County Court judge had dispensed with her consent as he was told she was likely to remain in hospital - but the mother recovered.

When Anderson, through an Attorney General’s application, sought a cancellation of this decision, this new County Court judge found for the Cole-Sinclair couple. Anderson appealed and three Victorian Supreme Court judges ordered a retrial.

This time it was the best long-term interest of the child argument that held sway and the child was returned to the natural mother. The case highlighted that the child’s and the mother’s well-being were interdependent.

 

A Victorian case that made headlines was in March 1955 - the Anderson vs. Cole-Sinclair adoption case.