R (A Child), Re

R (A Child), Re

The judge was entitled to refuse leave to apply for a contact order because the statutory criteria under section 10(9) of the Children Act 1989 were properly considered, the opposition of the adopters was reasonable, and the application would likely be disruptive to the child's welfare. The jurisprudence makes clear that imposing contact orders against adopters' wishes is highly unusual, and the arrangements offered were not unreasonable.

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 Contact Post Adoption) / Appeal From Refusal of Leave to Apply for Contact Order
Outcome
Appeal dismissed
Legal Topics
Contact Orders, Adoption, Leave to Apply for Contact, Sibling Contact, Children Act 1989 S.10(9)
Family Law Child Law Contact Orders Adoption Leave to Apply for Contact Sibling Contact Children Act 1989 S.10(9)

Case Brief

Summary, issues, holding and outcome

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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 Contact Post Adoption) / 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 post-adoption
  2. 2 Whether the judge applied the correct legal test under section 10(9) of the 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) of the Children Act 1989 were properly considered, the opposition of the adopters was reasonable, and the application would likely be disruptive to the child's welfare. The jurisprudence makes clear that imposing contact orders against adopters' wishes is highly unusual, and the arrangements offered were not unreasonable.

Court Disposition

Appeal dismissed

Orders

  • Leave to apply for contact order refused
  • Detailed assessment of the parties' Community Legal Services Funding certificates