RA (Baby Relinquished for Adoption), Re [2016] EWFC 47 (14 October 2016)

RA (Baby Relinquished for Adoption), Re [2016] EWFC 47 (14 October 2016)

The court refused the birth parents' application for leave to oppose the adoption order because there was no material change in circumstances since consent was given; the change was emotional, not circumstantial. The court granted the adoption order in favour of the prospective adopters, finding it in RA's best interests due to his secure attachment and emotional wellbeing. The maternal grandmother was granted leave to apply for a Child Arrangements Order, but her substantive application was refused as not being in RA's best interests. The paramount consideration was RA's welfare throughout his life, and the risk of emotional harm from removal outweighed the benefits of placement with...

Citation
[2016] EWFC 47
Parties
Prospective Adopters: Mr. and Mrs. D; Applicant for Child Arrangements Order: Maternal Grandmother (MGM); Respondents: Birth Parents; Applicant/respondent: Local Authority; Children's Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
14 October 2016
Procedural Posture
Family/adoption / Final Hearing of Cross Applications
Outcome
Adoption order granted in favour of Mr. and Mrs. D; birth parents' application for leave to oppose refused; maternal grandmother granted leave to apply for Child Arrangements Order but substantive application refused.
Legal Topics
Adoption Order, Leave to Oppose Adoption, Child Arrangements Order, Best Interests of the Child, Article 8 ECHR, Relinquished Baby, Cross Jurisdictional Placement
Family Law Adoption Law International Family Law Adoption Order Leave to Oppose Adoption Child Arrangements Order Best Interests of the Child Article 8 ECHR +2 more

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Parties

Mr. and Mrs. D

Prospective Adopters

Maternal Grandmother (MGM)

Applicant for Child Arrangements Order

Birth Parents

Respondents

Local Authority

Applicant/respondent

Children's Guardian

Children's Guardian

Procedural Posture

Family/adoption / Final Hearing of Cross Applications

Legal Issues

  1. 1 Whether to grant an adoption order in favour of the prospective adopters
  2. 2 Whether to grant the maternal grandmother leave to apply for a Child Arrangements Order and to remove the child from the jurisdiction
  3. 3 Whether to grant the birth parents leave to oppose the adoption order

Ratio Decidendi

The court refused the birth parents' application for leave to oppose the adoption order because there was no material change in circumstances since consent was given; the change was emotional, not circumstantial. The court granted the adoption order in favour of the prospective adopters, finding it in RA's best interests due to his secure attachment and emotional wellbeing. The maternal grandmother was granted leave to apply for a Child Arrangements Order, but her substantive application was refused as not being in RA's best interests. The paramount consideration was RA's welfare throughout his life, and the risk of emotional harm from removal outweighed the benefits of placement with...

Court Disposition

Adoption order granted in favour of Mr. and Mrs. D; birth parents' application for leave to oppose refused; maternal grandmother granted leave to apply for Child Arrangements Order but substantive application refused.

Orders

  • Adoption order made in favour of Mr. and Mrs. D for RA.
  • Birth parents' application for leave to oppose adoption refused.