LG (A Child), Re [2015] EWFC 52 (22 June 2015)

LG (A Child), Re [2015] EWFC 52 (22 June 2015)

There was a significant change of circumstances since the placement order, namely the discovery that the paternal family is able and willing to care for the child. The welfare of the child required that leave be granted to oppose the adoption application, as the options for family placement should be fully explored...

Source-derived case information.

Citation
[2015] EWFC 52
Parties
Applicants: Mr and Mrs A; First Respondent: A Local Authority; Second Respondent: PG; Third Respondent: AB; Fourth Respondent: LG (by her children's guardian)
Jurisdiction
England and Wales
Judgment Date
22 June 2015
Procedural Posture
Family Law Adoption and Children / Application for Leave to Oppose Adoption Order Under S.47(5) Adoption and Children Act 2002
Outcome
Leave granted to the father to oppose the adoption application; adoption application withdrawn; child moved to live with paternal grandfather.
Legal Topics
Leave to Oppose Adoption, Change of Circumstances, Special Guardianship, Welfare of the Child, Paramountcy Principle
Family Law Adoption Law Leave to Oppose Adoption Change of Circumstances Special Guardianship Welfare of the Child Paramountcy Principle

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Parties

Mr and Mrs A

Applicants

A Local Authority

First Respondent

PG

Second Respondent

AB

Third Respondent

LG (by her children's guardian)

Fourth Respondent

Procedural Posture

Family Law Adoption and Children / Application for Leave to Oppose Adoption Order Under S.47(5) Adoption and Children Act 2002

Legal Issues

  1. 1 Whether there has been a sufficient change of circumstances since the placement order to allow leave to oppose adoption under s.47(5)
  2. 2 Whether the welfare of the child requires granting leave to oppose the adoption application

Ratio Decidendi

There was a significant change of circumstances since the placement order, namely the discovery that the paternal family is able and willing to care for the child. The welfare of the child required that leave be granted to oppose the adoption application, as the options for family placement should be fully explored before a final decision on her long-term future.

Court Disposition

Leave granted to the father to oppose the adoption application; adoption application withdrawn; child moved to live with paternal grandfather.

Orders

  • Leave to oppose adoption application granted under s.47(5) Adoption and Children Act 2002
  • Adoption application withdrawn by prospective adopters