C & Anor v D & Ors [2023] EWFC 10 (20 January 2023)

C & Anor v D & Ors [2023] EWFC 10 (20 January 2023)

Given T's clear, mature wishes, her strong attachment to the applicants, the severance of ties with her birth family, and the necessity and proportionality of the order for her welfare and identity, an adoption order is appropriate, necessary, and justified. Statutory requirements regarding notice and residence can be waived in these circumstances, and parental consent is dispensed with as T's welfare requires it.

Citation
[2023] EWFC 10
Parties
Applicants: Mr and Mrs C; First Respondent: D; Second Respondent: E; Third Respondent: T; Attending Non Party: Local Authority
Jurisdiction
England and Wales
Judgment Date
20 January 2023
Procedural Posture
Adoption Application (non Agency) / Final Hearing and Judgment
Outcome
Adoption order granted; application to revoke leave dismissed.
Legal Topics
Adoption Order, Dispensing With Parental Consent, Welfare of the Child, Time Limits for Adoption Applications, Article 8 ECHR Rights
Family Law Adoption Law Adoption Order Dispensing With Parental Consent Welfare of the Child Time Limits for Adoption Applications Article 8 ECHR Rights

Case Brief

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Parties

Mr and Mrs C

Applicants

D

First Respondent

E

Second Respondent

T

Third Respondent

Local Authority

Attending Non Party

Procedural Posture

Adoption Application (non Agency) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether to grant an adoption order for T to Mr and Mrs C
  2. 2 Whether to dispense with parental consent under s52 Adoption and Children Act 2002
  3. 3 Whether statutory time limits and notice requirements can be varied or dispensed with

Ratio Decidendi

Given T's clear, mature wishes, her strong attachment to the applicants, the severance of ties with her birth family, and the necessity and proportionality of the order for her welfare and identity, an adoption order is appropriate, necessary, and justified. Statutory requirements regarding notice and residence can be waived in these circumstances, and parental consent is dispensed with as T's welfare requires it.

Court Disposition

Adoption order granted; application to revoke leave dismissed.

Orders

  • Adoption order made in favour of Mr and Mrs C for T.
  • Parental consent dispensed with under s52 Adoption and Children Act 2002.