G (Children), Re

G (Children), Re

The judge's decision to make freeing orders and dispense with parental consent was within his discretion, supported by the facts and the care plan for adoption. The subsequent placement of the children with prospective adopters and the absence of merit in the grounds of appeal meant that permission to appeal and extension of time should be refused. Further litigation would not serve the children's best interests.

Parties
Applicant Guardian: Daphne Chirgwin (Guardian); Respondent Local Authority: Swindon Borough Council
Jurisdiction
England and Wales
Judgment Date
20 August 2004
Procedural Posture
Appeal (family/children) / Application for Permission to Appeal and Extension of Time
Outcome
Permission to appeal and extension of time refused
Legal Topics
Adoption, Care Orders, Contact (post Adoption), Dispensing With Parental Consent, Extension of Time, Permission to Appeal
Family Law Child Law Adoption Care Orders Contact (post Adoption) Dispensing With Parental Consent Extension of Time Permission to Appeal

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Parties

Daphne Chirgwin (Guardian)

Applicant Guardian

Swindon Borough Council

Respondent Local Authority

Procedural Posture

Appeal (family/children) / Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the judge erred in making freeing orders for adoption and dispensing with parental consent at the stage reached in proceedings
  2. 2 Whether the question of post-adoption contact should have been determined in the context of adoption proceedings rather than freeing proceedings
  3. 3 Whether the application for permission to appeal and extension of time should be granted

Ratio Decidendi

The judge's decision to make freeing orders and dispense with parental consent was within his discretion, supported by the facts and the care plan for adoption. The subsequent placement of the children with prospective adopters and the absence of merit in the grounds of appeal meant that permission to appeal and extension of time should be refused. Further litigation would not serve the children's best interests.

Court Disposition

Permission to appeal and extension of time refused

Orders

  • Applications for permission to appeal and extension of time refused