C (A Child) [2014] EWFC B134 (29 August 2014)

C (A Child) [2014] EWFC B134 (29 August 2014)

There is no evidence of any change in circumstances since the placement order sufficient to justify granting permission to oppose the adoption application. The welfare evaluation overwhelmingly argues against granting permission, given the child's settled status, strong wish to be adopted, and lack of realistic prospect of success in opposing adoption.

Citation
[2014] EWFC B134
Parties
Birth Mother: M; Birth Father: F; Child (subject of Adoption): A; Applicant (adoption): Local Authority
Jurisdiction
England and Wales
Judgment Date
29 August 2014
Procedural Posture
Adoption Application / Application for Permission to Oppose Adoption
Outcome
Permission to oppose the adoption application refused; order made permitting child to use prospective adopters' surname; adoption application to be listed after appeal period.
Legal Topics
Adoption, Permission to Oppose Adoption, Welfare of the Child, Change of Name
Family Law Child Law Adoption Permission to Oppose Adoption Welfare of the Child Change of Name

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

M

Birth Mother

F

Birth Father

A

Child (subject of Adoption)

Local Authority

Applicant (adoption)

Procedural Posture

Adoption Application / Application for Permission to Oppose Adoption

Legal Issues

  1. 1 Whether birth parents should be granted permission to oppose the adoption application under section 47(5) Adoption and Children Act 2002
  2. 2 Whether there has been a sufficient change in circumstances since the placement order to justify revisiting the adoption application
  3. 3 Whether it is in the child's welfare interests to grant permission to oppose adoption

Ratio Decidendi

There is no evidence of any change in circumstances since the placement order sufficient to justify granting permission to oppose the adoption application. The welfare evaluation overwhelmingly argues against granting permission, given the child's settled status, strong wish to be adopted, and lack of realistic prospect of success in opposing adoption.

Court Disposition

Permission to oppose the adoption application refused; order made permitting child to use prospective adopters' surname; adoption application to be listed after appeal period.

Orders

  • Permission to oppose adoption application refused.
  • Order under section 28 Adoption and Children Act 2002 permitting A to use the surname of the prospective adopters.