X & Anor v A & Ors [2018] EWHC 3223 (Fam) (27 July 2018)

X & Anor v A & Ors [2018] EWHC 3223 (Fam) (27 July 2018)

The welfare of C and D requires that they remain with Mr. and Mrs. X, who are their psychological and emotional parents. The birth parents are unable to meet the children's needs, and any lesser order would not provide the necessary permanence and security. The children's welfare requires dispensing with parental consent to adoption. An injunction is necessary to protect the children and adopters from potential harm by the birth parents.

Citation
[2018] EWHC 3223 (Fam)
Parties
Applicants: Mr. and Mrs. X; 1st Respondent (mother): Ms. A; 2nd Respondent (father): Mr. B; 3rd and 4th Respondents (children): C and D (by their Guardian, Billie McKay); 5th Respondent (adoption Agency): The City of Edinburgh
Jurisdiction
England and Wales
Judgment Date
27 July 2018
Procedural Posture
Adoption Application / Final Judgment
Outcome
Adoption orders granted in favour of Mr. and Mrs. X for children C and D; parental consent dispensed with; injunction granted against the birth parents.
Legal Topics
Adoption, Parental Consent, Welfare of the Child, Dispensing With Parental Consent, Injunctions, Care Proceedings
Family Law Child Law Adoption Parental Consent Welfare of the Child Dispensing With Parental Consent Injunctions Care Proceedings

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Parties

Mr. and Mrs. X

Applicants

Ms. A

1st Respondent (mother)

Mr. B

2nd Respondent (father)

C and D (by their Guardian, Billie McKay)

3rd and 4th Respondents (children)

The City of Edinburgh

5th Respondent (adoption Agency)

Procedural Posture

Adoption Application / Final Judgment

Legal Issues

  1. 1 Whether adoption orders should be made in favour of Mr. and Mrs. X for children C and D
  2. 2 Whether the consent of the birth parents should be dispensed with under section 52 of the Adoption and Children Act 2002
  3. 3 Whether a lesser order (e.g., special guardianship or child arrangements order) would suffice for the welfare of the children

Ratio Decidendi

The welfare of C and D requires that they remain with Mr. and Mrs. X, who are their psychological and emotional parents. The birth parents are unable to meet the children's needs, and any lesser order would not provide the necessary permanence and security. The children's welfare requires dispensing with parental consent to adoption. An injunction is necessary to protect the children and adopters from potential harm by the birth parents.

Court Disposition

Adoption orders granted in favour of Mr. and Mrs. X for children C and D; parental consent dispensed with; injunction granted against the birth parents.

Orders

  • Adoption orders made for C and D in favour of Mr. and Mrs. X.
  • Consent of the mother and father to adoption dispensed with under section 52 of the Adoption and Children Act 2002.