G (A Child)

G (A Child)

The judge was not required to transfer or adjourn the adoption proceedings or the application for leave to oppose the adoption order due to the speculative nature of the Human Rights Act claim and the potential for delay to harm the child's welfare. The judge properly considered the relevant factors and reached the correct conclusion.

Parties
Applicant/appellant: Father; First Respondent/local Authority: Suffolk County Council; Second Respondents: Prospective Adopters
Jurisdiction
England and Wales
Judgment Date
08 November 2017
Procedural Posture
Family/adoption Appeal / Appeal From Dismissal of Application for Leave to Oppose Adoption Order
Outcome
Appeal dismissed
Legal Topics
Adoption, Leave to Oppose Adoption, Declaration of Incompatibility, European Convention on Human Rights
Family Law Human Rights Adoption Leave to Oppose Adoption Declaration of Incompatibility European Convention on Human Rights

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Parties

Father

Applicant/appellant

Suffolk County Council

First Respondent/local Authority

Prospective Adopters

Second Respondents

Procedural Posture

Family/adoption Appeal / Appeal From Dismissal of Application for Leave to Oppose Adoption Order

Legal Issues

  1. 1 Whether the judge was required to transfer the adoption proceedings to the High Court due to a claim for a declaration of incompatibility under the Human Rights Act 1998
  2. 2 Whether the judge was required to adjourn or stay the adoption proceedings pending determination of the Human Rights Act claim

Ratio Decidendi

The judge was not required to transfer or adjourn the adoption proceedings or the application for leave to oppose the adoption order due to the speculative nature of the Human Rights Act claim and the potential for delay to harm the child's welfare. The judge properly considered the relevant factors and reached the correct conclusion.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed.