Charlie (adoption : contact order) [2019] EWFC B24 (14 February 2019)

Charlie (adoption : contact order) [2019] EWFC B24 (14 February 2019)

Charlie's welfare throughout his life is the paramount consideration. The evidence demonstrates that Charlie is settled, happy, and securely attached to Mr and Mrs A, who are best able to meet his complex needs. Removing him from their care would cause significant harm. Adoption is necessary to secure his long-term welfare and stability, as a care order would not provide sufficient permanence or legal security, especially beyond age 18. The severance of legal ties to his birth family is justified and proportionate, given the ongoing commitment to contact and Charlie’s limited understanding. A contact order is necessary to secure the father-son relationship and to provide Mr F with...

Citation
[2019] EWFC B24
Parties
Applicants (prospective Adopters): Mr and Mrs A; Respondent (father): Mr F; Respondent (mother): Ms M; Local Authority: LBBD (London Borough of Barking and Dagenham); Subject Child: Charlie; Sibling: Elizabeth; Sibling: Sam
Jurisdiction
England and Wales
Judgment Date
14 February 2019
Procedural Posture
Family/adoption/care Proceedings / Final Judgment on Adoption, Discharge of Care Order, and Contact Order
Outcome
Adoption order granted to Mr and Mrs A; care order not discharged; contact order made; s.91(14) order made against Mr F.
Legal Topics
Adoption, Care Orders, Contact Orders, Parental Responsibility, Section 91(14) Orders, Welfare of the Child
Family Law Child Law Adoption Care Orders Contact Orders Parental Responsibility Section 91(14) Orders Welfare of the Child

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 11 Party arguments 2
Sign in to unlock

Parties

Mr and Mrs A

Applicants (prospective Adopters)

Mr F

Respondent (father)

Ms M

Respondent (mother)

LBBD (London Borough of Barking and Dagenham)

Local Authority

Charlie

Subject Child

Elizabeth

Sibling

Sam

Sibling

Procedural Posture

Family/adoption/care Proceedings / Final Judgment on Adoption, Discharge of Care Order, and Contact Order

Legal Issues

  1. 1 Whether to grant an adoption order for Charlie to Mr and Mrs A
  2. 2 Whether to discharge the care order in respect of Charlie
  3. 3 Whether to make a contact order between Charlie and Mr F post-adoption

Ratio Decidendi

Charlie's welfare throughout his life is the paramount consideration. The evidence demonstrates that Charlie is settled, happy, and securely attached to Mr and Mrs A, who are best able to meet his complex needs. Removing him from their care would cause significant harm. Adoption is necessary to secure his long-term welfare and stability, as a care order would not provide sufficient permanence or legal security, especially beyond age 18. The severance of legal ties to his birth family is justified and proportionate, given the ongoing commitment to contact and Charlie’s limited understanding. A contact order is necessary to secure the father-son relationship and to provide Mr F with...

Court Disposition

Adoption order granted to Mr and Mrs A; care order not discharged; contact order made; s.91(14) order made against Mr F.

Orders

  • Adoption order in favour of Mr and Mrs A for Charlie
  • Contact order: minimum of 2 supervised visits per year between Charlie and Mr F, with flexibility for up to 4 depending on Charlie’s welfare, until Charlie is 16