The Court held that the court confirmed the 'clearly preferable' assessment under s 90(3) is made on current circumstances, not speculative future possibilities of restoration; a birth parent's failure to pursue restoration proceedings and hostile conduct undermining the child's relationships will weigh heavily in favour of adoption. The case also illustrates that a child's formal consent at age twelve, assessed as informed and voluntary, carries great weight even where a birth parent opposes the order.
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