J and S (Children), Re [2014] EWFC 4 (23 May 2014)

J and S (Children), Re [2014] EWFC 4 (23 May 2014)

None of the matters relied upon by the parents, individually or collectively, amounted to a change in circumstances sufficient to satisfy the threshold for leave to oppose adoption under section 47(5) of the Adoption and Children Act 2002. Even if there had been such a change, the parents' prospects of successfully opposing the adoption were not solid. Applications under Article 15 and Article 56 BIIR were procedurally unavailable and/or previously determined.

Citation
[2014] EWFC 4
Parties
Subject Children: J and S (Children); Applicants/parents: Parents (Roma from Slovak Republic); Local Authority/respondent: Kent County Council; Respondents: Prospective adopters
Jurisdiction
England and Wales
Judgment Date
23 May 2014
Procedural Posture
Family/adoption / Application for Leave to Oppose Adoption Orders and Transfer of Proceedings
Outcome
Applications dismissed; proceedings remitted to Family Court at Canterbury.
Legal Topics
Leave to Oppose Adoption, Transfer of Proceedings Under Brussels II Revised, Cultural and Religious Identity in Adoption, Article 15 and Article 56 BIIR, Section 47(5) Adoption and Children Act 2002
Family Law Adoption Law International Private Law Leave to Oppose Adoption Transfer of Proceedings Under Brussels II Revised Cultural and Religious Identity in Adoption Article 15 and Article 56 BIIR Section 47(5) Adoption and Children Act 2002

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Parties

J and S (Children)

Subject Children

Parents (Roma from Slovak Republic)

Applicants/parents

Kent County Council

Local Authority/respondent

Prospective adopters

Respondents

Procedural Posture

Family/adoption / Application for Leave to Oppose Adoption Orders and Transfer of Proceedings

Legal Issues

  1. 1 Whether parents should be granted leave under section 47(5) Adoption and Children Act 2002 to oppose adoption orders
  2. 2 Whether proceedings should be transferred to Slovakia under Article 15 BIIR
  3. 3 Whether Article 56 BIIR placement in Slovakia should be ordered

Ratio Decidendi

None of the matters relied upon by the parents, individually or collectively, amounted to a change in circumstances sufficient to satisfy the threshold for leave to oppose adoption under section 47(5) of the Adoption and Children Act 2002. Even if there had been such a change, the parents' prospects of successfully opposing the adoption were not solid. Applications under Article 15 and Article 56 BIIR were procedurally unavailable and/or previously determined.

Court Disposition

Applications dismissed; proceedings remitted to Family Court at Canterbury.

Orders

  • Parents' application for leave to oppose adoption orders refused.
  • Parents' application for transfer under Article 15 BIIR dismissed.