The Prospective Adopters v IA & Anor [2014] EWHC 331 (Fam) (12 February 2014)

The Prospective Adopters v IA & Anor [2014] EWHC 331 (Fam) (12 February 2014)

There has been a change of circumstances due to the subsequent legal authorities (Re B and Re B-S) which were not available to the original judge; the Father has prospects of success that are not fanciful and has sufficient solidity to warrant leave to oppose the adoption order. The welfare of the child will not be...

Source-derived case information.

Citation
[2014] EWHC 331 (Fam)
Parties
Applicants: The Prospective Adopters; 1st Respondent: IA; 2nd Respondent: London Borough of Croydon
Jurisdiction
England and Wales
Judgment Date
12 February 2014
Procedural Posture
Adoption Application / Application for Leave to Oppose Adoption Order and Stay Pending ECHR Determination
Outcome
Leave granted to the Father to oppose the adoption application; stay application refused.
Legal Topics
Adoption Order, Leave to Oppose Adoption, Change of Circumstances, Stay of Proceedings, Special Guardianship, Child Welfare, European Court of Human Rights
Family Law Adoption Law Human Rights Adoption Order Leave to Oppose Adoption Change of Circumstances Stay of Proceedings Special Guardianship +2 more

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Parties

The Prospective Adopters

Applicants

IA

1st Respondent

London Borough of Croydon

2nd Respondent

Procedural Posture

Adoption Application / Application for Leave to Oppose Adoption Order and Stay Pending ECHR Determination

Legal Issues

  1. 1 Whether there has been a change of circumstances under section 47(5) of the Adoption and Children Act 2002 justifying leave to oppose adoption
  2. 2 Whether a stay should be granted pending ECHR proceedings
  3. 3 Whether the welfare of the child requires adoption or special guardianship

Ratio Decidendi

There has been a change of circumstances due to the subsequent legal authorities (Re B and Re B-S) which were not available to the original judge; the Father has prospects of success that are not fanciful and has sufficient solidity to warrant leave to oppose the adoption order. The welfare of the child will not be adversely affected by granting leave. The stay application is refused as the ECHR litigation is rendered unnecessary by the grant of leave.

Court Disposition

Leave granted to the Father to oppose the adoption application; stay application refused.

Orders

  • Father given leave to oppose adoption application.
  • Case to be heard with two-day time estimate commencing 30 April, reserved to Mr Justice Moor.