Prospective Adopters v SA (Father) (Rev 1)

Prospective Adopters v SA (Father) (Rev 1)

The only qualifying change in circumstances was the father's successful co-parenting of two children with his second wife, but this did not give him a substantial and solid prospect of successfully opposing the adoption order. The child's welfare required the stability and permanence of adoption, and nothing else would do. The father's application for leave to oppose was dismissed and an adoption order was made.

Parties
Applicants: Prospective Adopters; 1st Respondent (father): SA; 2nd Respondent (mother): TB; 3rd Respondent: A London Borough; 4th Respondent (by Guardian): SSM (child)
Jurisdiction
England and Wales
Judgment Date
17 February 2015
Procedural Posture
Adoption Application and Leave to Oppose Adoption / Judgment on Application for Adoption and Father's Application for Leave to Oppose
Outcome
Father's application for leave to oppose adoption dismissed; adoption order made for SSM.
Legal Topics
Adoption, Leave to Oppose Adoption, Best Interests of the Child, Change of Circumstances, Parental Rights
Family Law Child Law Adoption Leave to Oppose Adoption Best Interests of the Child Change of Circumstances Parental Rights

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Parties

Prospective Adopters

Applicants

SA

1st Respondent (father)

TB

2nd Respondent (mother)

A London Borough

3rd Respondent

SSM (child)

4th Respondent (by Guardian)

Procedural Posture

Adoption Application and Leave to Oppose Adoption / Judgment on Application for Adoption and Father's Application for Leave to Oppose

Legal Issues

  1. 1 Whether the father should be granted leave to oppose the adoption of SSM under section 47(5) Adoption and Children Act 2002
  2. 2 Whether an adoption order should be made in respect of SSM

Ratio Decidendi

The only qualifying change in circumstances was the father's successful co-parenting of two children with his second wife, but this did not give him a substantial and solid prospect of successfully opposing the adoption order. The child's welfare required the stability and permanence of adoption, and nothing else would do. The father's application for leave to oppose was dismissed and an adoption order was made.

Court Disposition

Father's application for leave to oppose adoption dismissed; adoption order made for SSM.

Orders

  • Father's application under section 47(5) Adoption and Children Act 2002 dismissed.
  • Adoption order made in respect of SSM.