L (permission to oppose adoption) [2015] EWFC B145 (22 July 2015)

L (permission to oppose adoption) [2015] EWFC B145 (22 July 2015)

Both parents are granted permission to oppose the adoption order because the mother has demonstrated a sufficient change of circumstances since the placement order, and the child's current difficulties in the adoptive placement constitute a further material change. The father's own changes are insufficient alone, but the child's circumstances justify granting him leave as well. The prospects of success in opposing adoption are not fanciful, and the child's welfare does not necessitate refusal of leave.

Citation
[2015] EWFC B145
Parties
Mother: SN; Father: DR; Child: L; Applicant in Care/placement Proceedings: Local Authority; Applicant in Adoption Proceedings: prospective adopter
Jurisdiction
England and Wales
Judgment Date
22 July 2015
Procedural Posture
Family/adoption / Application for Permission to Oppose Adoption Order
Outcome
Permission granted to both parents to oppose the adoption order.
Legal Topics
Permission to Oppose Adoption, Change of Circumstances, Child Welfare, Care Orders, Placement Orders
Family Law Adoption Law Permission to Oppose Adoption Change of Circumstances Child Welfare Care Orders Placement Orders

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Parties

SN

Mother

DR

Father

L

Child

Local Authority

Applicant in Care/placement Proceedings

prospective adopter

Applicant in Adoption Proceedings

Procedural Posture

Family/adoption / Application for Permission to Oppose Adoption Order

Legal Issues

  1. 1 Whether the parents have demonstrated a change of circumstances sufficient to grant permission to oppose the adoption order under s.47(7) Adoption and Children Act 2002
  2. 2 Whether the child's welfare throughout her life necessitates refusal of leave to oppose adoption

Ratio Decidendi

Both parents are granted permission to oppose the adoption order because the mother has demonstrated a sufficient change of circumstances since the placement order, and the child's current difficulties in the adoptive placement constitute a further material change. The father's own changes are insufficient alone, but the child's circumstances justify granting him leave as well. The prospects of success in opposing adoption are not fanciful, and the child's welfare does not necessitate refusal of leave.

Court Disposition

Permission granted to both parents to oppose the adoption order.

Orders

  • Mother and father granted permission to oppose the adoption order.