X & Anor v A & Ors

X & Anor v A & Ors

The welfare and best interests of C and D require adoption by Mr. and Mrs. X, as neither parent nor both together can meet their needs, and any alternative arrangement would not provide the necessary stability and security. The children's welfare requires dispensing with parental consent, and an injunction is necessary to protect them from emotional and psychological harm.

Parties
Applicants: Mr. and Mrs. X; 1st Respondent: Ms. A; 2nd Respondent: Mr. B; 3rd and 4th Respondents: C and D (by their Guardian, Billie McKay); 5th Respondent: 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; parental consent dispensed with; injunction issued against parents.
Legal Topics
Adoption, Parental Consent, Child Attachment, Best Interests of the Child, Welfare Checklist, Inherent Jurisdiction, Dispensing With Consent
Family Law Child Welfare Adoption Parental Consent Child Attachment Best Interests of the Child Welfare Checklist Inherent Jurisdiction +1 more

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Parties

Mr. and Mrs. X

Applicants

Ms. A

1st Respondent

Mr. B

2nd Respondent

C and D (by their Guardian, Billie McKay)

3rd and 4th Respondents

The City of Edinburgh

5th Respondent

Procedural Posture

Adoption Application / Final Judgment

Legal Issues

  1. 1 Whether adoption orders should be granted for C and D in favour of Mr. and Mrs. X
  2. 2 Whether parental consent should be dispensed with under section 52 of the Adoption and Children Act 2002
  3. 3 Whether alternative orders (child arrangements or special guardianship) would suffice for the children's welfare

Ratio Decidendi

The welfare and best interests of C and D require adoption by Mr. and Mrs. X, as neither parent nor both together can meet their needs, and any alternative arrangement would not provide the necessary stability and security. The children's welfare requires dispensing with parental consent, and an injunction is necessary to protect them from emotional and psychological harm.

Court Disposition

Adoption orders granted in favour of Mr. and Mrs. X; parental consent dispensed with; injunction issued against parents.

Orders

  • Adoption orders for C and D in favour of Mr. and Mrs. X
  • Dispensing with consent of Ms. A and Mr. B under section 52