S-S (leave to oppose adoption), Re [2015] EWFC B174 (22 July 2015)

S-S (leave to oppose adoption), Re [2015] EWFC B174 (22 July 2015)

Neither parent demonstrated a sufficient or meaningful change in circumstances since the placement order; neither showed insight or capacity to address past failings. The welfare of S-S, who is thriving in her adoptive placement, is paramount. There is no realistic alternative to adoption. Leave to oppose is refused at the first hurdle; even if there were a change, leave would not be granted on welfare grounds.

Citation
[2015] EWFC B174
Parties
Father: E; Mother: J; Adoption Agency: Local Authority; Child: S-S; Applicants: Prospective Adopters
Jurisdiction
England and Wales
Judgment Date
22 July 2015
Procedural Posture
Adoption Application / Final Hearing; Application for Leave to Oppose Adoption
Outcome
Application for leave to oppose adoption refused; permission to appeal refused.
Legal Topics
Adoption, Leave to Oppose Adoption, Welfare of the Child, Change of Circumstances, Paramountcy Principle
Family Law Child Law Adoption Leave to Oppose Adoption Welfare of the Child Change of Circumstances Paramountcy Principle

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Parties

E

Father

J

Mother

Local Authority

Adoption Agency

S-S

Child

Prospective Adopters

Applicants

Procedural Posture

Adoption Application / Final Hearing; Application for Leave to Oppose Adoption

Legal Issues

  1. 1 Whether there has been a sufficient change of circumstances under section 47(7) of the Adoption and Children Act 2002 to permit leave to oppose the adoption
  2. 2 Whether, if there is a change of circumstances, leave to oppose should be granted applying the welfare test

Ratio Decidendi

Neither parent demonstrated a sufficient or meaningful change in circumstances since the placement order; neither showed insight or capacity to address past failings. The welfare of S-S, who is thriving in her adoptive placement, is paramount. There is no realistic alternative to adoption. Leave to oppose is refused at the first hurdle; even if there were a change, leave would not be granted on welfare grounds.

Court Disposition

Application for leave to oppose adoption refused; permission to appeal refused.

Orders

  • Leave to oppose adoption by E and J refused.
  • Permission to appeal refused.