H & R (Adoption), Re [2014] EWCC B18 (Fam) (26 February 2014)

H & R (Adoption), Re [2014] EWCC B18 (Fam) (26 February 2014)

The adoption order is granted as it is in the best interests of both children, providing stability, security, and permanence, with the children thriving in their adoptive placement. The application for a section 8 contact order is refused because direct contact would pose an unacceptably high risk of destabilising the placement, is not wanted by the children, and is opposed by the adopters and professionals; the circumstances are not sufficiently unusual to override the adopters' wishes.

Citation
[2014] EWCC B18 (Fam)
Parties
Local Authority: Buckinghamshire County Council; Mother/applicant: Miss S; Father: Mr H; Prospective Adopters/respondents: Mr and Mrs X; Child: H; Child: R; Children's Guardian: Mr Slade
Jurisdiction
England and Wales
Judgment Date
26 February 2014
Procedural Posture
Adoption and Contact Applications / Final Hearing With Ex Tempore Judgment
Outcome
Adoption order granted for both children; application for section 8 contact order refused.
Legal Topics
Adoption, Contact Orders, Welfare of the Child, Parental Rights
Family Law Child Law Adoption Contact Orders Welfare of the Child Parental Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Buckinghamshire County Council

Local Authority

Miss S

Mother/applicant

Mr H

Father

Mr and Mrs X

Prospective Adopters/respondents

H

Child

R

Child

Mr Slade

Children's Guardian

Procedural Posture

Adoption and Contact Applications / Final Hearing With Ex Tempore Judgment

Legal Issues

  1. 1 Whether to grant an adoption order for H and R
  2. 2 Whether to grant a section 8 contact order for the mother post-adoption

Ratio Decidendi

The adoption order is granted as it is in the best interests of both children, providing stability, security, and permanence, with the children thriving in their adoptive placement. The application for a section 8 contact order is refused because direct contact would pose an unacceptably high risk of destabilising the placement, is not wanted by the children, and is opposed by the adopters and professionals; the circumstances are not sufficiently unusual to override the adopters' wishes.

Court Disposition

Adoption order granted for both children; application for section 8 contact order refused.

Orders

  • Adoption order made in favour of Mr and Mrs X for H and R.
  • Application for section 8 contact order by the mother is refused.