A (Adoption versus Special Guardianship order), Re [2014] EWCC B39 (Fam) (31 March 2014)

A (Adoption versus Special Guardianship order), Re [2014] EWCC B39 (Fam) (31 March 2014)

Given the history of parental hostility, risk of ongoing litigation and harassment, lack of attachment between A and his mother, and the inability of special guardianship (even with supplemental orders) to provide sufficient security and permanence, only an adoption order will adequately safeguard A's welfare and development. The parents' consent is dispensed with as A's welfare requires it.

Citation
[2014] EWCC B39 (Fam)
Parties
Subject Child: A (a child, anonymised); Respondent Parent: Mother; Respondent Parent: Father; Applicants (prospective Adopters): Grandfather and his partner; Local Authority: Southend Borough Council; Litigation Guardian for a: Guardian
Jurisdiction
England and Wales
Judgment Date
31 March 2014
Procedural Posture
Family/adoption / Final Judgment
Outcome
Adoption order granted; parental consent dispensed with; no direct contact order; provision for letterbox contact with mother.
Legal Topics
Adoption, Special Guardianship, Parental Responsibility, Contact Orders, Child Welfare, Dispensing With Parental Consent, Protection From Harassment
Family Law Child Law Adoption Special Guardianship Parental Responsibility Contact Orders Child Welfare Dispensing With Parental Consent +1 more

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Parties

A (a child, anonymised)

Subject Child

Mother

Respondent Parent

Father

Respondent Parent

Grandfather and his partner

Applicants (prospective Adopters)

Southend Borough Council

Local Authority

Guardian

Litigation Guardian for a

Procedural Posture

Family/adoption / Final Judgment

Legal Issues

  1. 1 Whether an adoption order or special guardianship order is the appropriate order to secure A's welfare
  2. 2 Whether parental consent to adoption should be dispensed with
  3. 3 What, if any, contact order should be made between A and his mother

Ratio Decidendi

Given the history of parental hostility, risk of ongoing litigation and harassment, lack of attachment between A and his mother, and the inability of special guardianship (even with supplemental orders) to provide sufficient security and permanence, only an adoption order will adequately safeguard A's welfare and development. The parents' consent is dispensed with as A's welfare requires it.

Court Disposition

Adoption order granted; parental consent dispensed with; no direct contact order; provision for letterbox contact with mother.

Orders

  • Adoption order in favour of grandfather and his partner
  • Dispensation with parental consent to adoption