S.D.S. v. L.W.S. and T.M.S.

S.D.S. v. L.W.S. and T.M.S.

The petition to revoke consent was dismissed and adoption granted because the evidence established the respondents provide a far more stable, emotionally and physically appropriate environment for the child; the petitioner's consent was validly given and reconfirmed at transfer; revocation would not be in the child's best interests given the petitioner's emotional instability and the family's conduct undermining the child's attachment to the adoptive parents.

Citation
2000 BCSC 1628
Parties
Petitioner: S.D.S.; Respondent: L.W.S.; Respondent: T.M.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 November 2000
Procedural Posture
Adoption / Judgment After Trial
Outcome
Petition dismissed; consent to adoption not set aside; adoption order granted in favour of respondents; no access ordered at this time; leave granted to petitioner to apply for access with appropriate supporting material.
Legal Topics
Consent to Adoption, Revocation of Consent, Best Interests of the Child, Relative Adoption, Access, Custody, Statutory Interpretation
Source Language
English
Adoption Family Law Child Welfare Custody and Access Consent to Adoption Revocation of Consent Best Interests of the Child Relative Adoption +3 more

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Parties

S.D.S.

Petitioner

L.W.S.

Respondent

T.M.S.

Respondent

Procedural Posture

Adoption / Judgment After Trial

Legal Issues

  1. 1 Whether the petitioner's consent to adoption was valid or vitiated by undue pressure and subsequent events
  2. 2 Whether the court should revoke consent under s.22(1) of the Adoption Act on best interests grounds
  3. 3 Whether an adoption order should be made in favour of the respondents

Ratio Decidendi

The petition to revoke consent was dismissed and adoption granted because the evidence established the respondents provide a far more stable, emotionally and physically appropriate environment for the child; the petitioner's consent was validly given and reconfirmed at transfer; revocation would not be in the child's best interests given the petitioner's emotional instability and the family's conduct undermining the child's attachment to the adoptive parents.

Court Disposition

Petition dismissed; consent to adoption not set aside; adoption order granted in favour of respondents; no access ordered at this time; leave granted to petitioner to apply for access with appropriate supporting material.

Orders

  • Petition dismissed and petitioner's consent to adoption held valid
  • Adoption order granted: child adopted by respondents L.W.S. and T.M.S.