B (A Child), Re [2001] EWCA Civ 1642 (24 October 2001)

B (A Child), Re [2001] EWCA Civ 1642 (24 October 2001)

The judge correctly applied the welfare principle under section 6 of the Adoption Act 1976, giving appropriate weight to the child's wishes in the circumstances, and there was no error of principle in making the adoption order to the exclusion of the natural father.

Citation
[2001] EWCA Civ 1642
Parties
Applicant Father: Mr Y; Respondents: Mother and her husband (Adoptive Parents); Guardian: Guardian ad Litem
Jurisdiction
England and Wales
Judgment Date
24 October 2001
Procedural Posture
Appeal / Application for Permission to Appeal From Adoption Order
Outcome
Application for permission to appeal dismissed
Legal Topics
Adoption, Parental Responsibility, Contact Orders, Welfare of the Child
Family Law Child Law Adoption Parental Responsibility Contact Orders Welfare of the Child

Case Brief

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Parties

Mr Y

Applicant Father

Mother and her husband (Adoptive Parents)

Respondents

Guardian ad Litem

Guardian

Procedural Posture

Appeal / Application for Permission to Appeal From Adoption Order

Legal Issues

  1. 1 Whether the judge erred in granting an adoption order to the exclusion of the natural father
  2. 2 Whether the welfare of the child was properly considered as paramount
  3. 3 Whether the judge gave undue weight to the child's wishes over other welfare considerations

Ratio Decidendi

The judge correctly applied the welfare principle under section 6 of the Adoption Act 1976, giving appropriate weight to the child's wishes in the circumstances, and there was no error of principle in making the adoption order to the exclusion of the natural father.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application for permission to appeal dismissed
  • Detailed public funded costs assessment for all parties