R (A Child), Re [2005] EWCA Civ 1128 (18 August 2005)

R (A Child), Re [2005] EWCA Civ 1128 (18 August 2005)

The judge was entitled to refuse leave to apply for a contact order because the statutory criteria under section 10(9) Children Act 1989, when properly applied, did not support granting leave in circumstances where the proposed contact order was unlikely to be made in the child's interests, the opposition of the adopters was reasonable, and further litigation risked disrupting the child's placement.

Citation
[2005] EWCA Civ 1128
Parties
Applicant Half Sister: KJR; Respondent Local Authority: Cambridgeshire County Council; Respondent Adoptive Parents: Adoptive Parents; Respondent Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
18 August 2005
Procedural Posture
Appeal (family Law) / Appeal From Refusal of Leave to Apply for Contact Order
Outcome
Appeal dismissed
Legal Topics
Contact Orders, Adoption, Sibling Contact, Leave to Apply Under Children Act 1989, Welfare of the Child
Family Law Child Law Contact Orders Adoption Sibling Contact Leave to Apply Under Children Act 1989 Welfare of the Child

Case Brief

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Parties

KJR

Applicant Half Sister

Cambridgeshire County Council

Respondent Local Authority

Adoptive Parents

Respondent Adoptive Parents

Guardian

Respondent Guardian

Procedural Posture

Appeal (family Law) / Appeal From Refusal of Leave to Apply for Contact Order

Legal Issues

  1. 1 Whether the applicant half-sister should be granted leave to apply for a contact order with her half-sister post-adoption
  2. 2 Whether the judge applied the correct legal test under section 10(9) Children Act 1989
  3. 3 Whether the reduction in contact was justified and properly considered

Ratio Decidendi

The judge was entitled to refuse leave to apply for a contact order because the statutory criteria under section 10(9) Children Act 1989, when properly applied, did not support granting leave in circumstances where the proposed contact order was unlikely to be made in the child's interests, the opposition of the adopters was reasonable, and further litigation risked disrupting the child's placement.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Detailed assessment of the parties' Community Legal Services Funding certificates