G (Children), Re [2004] EWCA Civ 1187 (20 August 2004)

G (Children), Re [2004] EWCA Civ 1187 (20 August 2004)

The judge was entitled to make freeing orders and dispense with parental consent at the time, given the care plan for adoption, the evidence before him, and the best interests of the children. The subsequent placement of the children with prospective adopters and the lack of merit in the grounds of appeal justified refusal of permission to appeal and extension of time.

Citation
[2004] EWCA Civ 1187
Parties
Applicant Guardian: Daphne Chirgwin (Guardian); Respondent Local Authority: Swindon Borough Council
Jurisdiction
England and Wales
Judgment Date
20 August 2004
Procedural Posture
Appeal (family Law Adoption) / Application for Permission to Appeal and Extension of Time
Outcome
Applications for permission to appeal and extension of time refused.
Legal Topics
Adoption, Care Orders, Parental Consent, Contact Arrangements, Appeals, Extension of Time
Family Law Child Law Adoption Care Orders Parental Consent Contact Arrangements Appeals Extension of Time

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Parties

Daphne Chirgwin (Guardian)

Applicant Guardian

Swindon Borough Council

Respondent Local Authority

Procedural Posture

Appeal (family Law Adoption) / Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the judge erred in making freeing orders for adoption and dispensing with parental consent at the time he did
  2. 2 Whether the issue of post-adoption contact should have been determined at the adoption application stage rather than at the freeing stage
  3. 3 Whether the application for permission to appeal and extension of time should be granted

Ratio Decidendi

The judge was entitled to make freeing orders and dispense with parental consent at the time, given the care plan for adoption, the evidence before him, and the best interests of the children. The subsequent placement of the children with prospective adopters and the lack of merit in the grounds of appeal justified refusal of permission to appeal and extension of time.

Court Disposition

Applications for permission to appeal and extension of time refused.

Orders

  • Permission to appeal refused.
  • Extension of time to file appellant's notice refused.