Prospective Adopters v SA (Father) (Rev 1) [2015] EWHC 327 (Fam) (17 February 2015)

Source-derived case information.

Citation: [2015] EWHC 327 (Fam)
Parties: Applicants: Prospective Adopters; 1st Respondent (father): SA; 2nd Respondent (mother): TB; 3rd Respondent: A London Borough; 4th Respondent: SSM (child)
Jurisdiction: England and Wales
Judgment Date: 17 February 2015
Procedural Posture: Adoption Application and Leave to Oppose Under Adoption and Children Act 2002 / Final Judgment on Adoption and Application for Leave to Oppose
Outcome: Father's application for leave to oppose adoption dismissed; adoption order made in respect of SSM.
Legal Topics: Adoption Order, Leave to Oppose Adoption, Change in Circumstances, Best Interests of the Child, Section 47(5) Adoption and Children Act 2002

Family Law Adoption Law Adoption Order Leave to Oppose Adoption Change in Circumstances Best Interests of the Child Section 47(5) Adoption and Children Act 2002

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2 Amounts and remedies 1

Parties

Prospective Adopters

Applicants

1st Respondent (father)

2nd Respondent (mother)

A London Borough

3rd Respondent

SSM (child)

4th Respondent

Procedural Posture

Adoption Application and Leave to Oppose Under Adoption and Children Act 2002 / Final Judgment on Adoption and Application for Leave to Oppose

Legal Issues

1 Whether the father should be granted leave to oppose the making of an adoption order under section 47(5) Adoption and Children Act 2002
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. However, this did not provide the father with a substantial and solid prospect of successfully opposing the adoption order. SSM's welfare required the stability and permanence of adoption, and nothing short of an adoption order would meet his needs. 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 in respect of SSM.

Orders

Father's application for leave to oppose adoption under section 47(5) Adoption and Children Act 2002 is dismissed.
Adoption order in respect of SSM is granted.

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