A & B v P Council

A & B v P Council

On the facts, the father does not have parental responsibility under Thai law, has not maintained any relationship with M, and notification would pose a real risk of harm to the mother and her family; therefore, the court exercises its discretion not to notify the father of the adoption proceedings.

Parties
Applicant: A; Applicant: B; 1st Respondent: P Council; 2nd Respondent: M (A Child by his Children’s Guardian); Guardian: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
21 March 2014
Procedural Posture
Adoption / Preliminary Issue—notification of Father
Outcome
Father will not be notified of the adoption proceedings; matter to be listed for determination of adoption application on merits.
Legal Topics
Parental Responsibility, Foreign Parental Responsibility, Notice Requirements, Dispensation of Consent, Child Welfare
Family Law Adoption Parental Responsibility Foreign Parental Responsibility Notice Requirements Dispensation of Consent Child Welfare

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Parties

A

Applicant

B

Applicant

P Council

1st Respondent

M (A Child by his Children’s Guardian)

2nd Respondent

Children’s Guardian

Guardian

Procedural Posture

Adoption / Preliminary Issue—notification of Father

Legal Issues

  1. 1 Whether the birth father should be notified of the adoption application
  2. 2 Whether the father holds parental responsibility under Thai law
  3. 3 Whether the court should dispense with notice to the father due to risk of harm

Ratio Decidendi

On the facts, the father does not have parental responsibility under Thai law, has not maintained any relationship with M, and notification would pose a real risk of harm to the mother and her family; therefore, the court exercises its discretion not to notify the father of the adoption proceedings.

Court Disposition

Father will not be notified of the adoption proceedings; matter to be listed for determination of adoption application on merits.

Orders

  • No requirement for notice to the birth father of the adoption application.
  • Local Authority not required to make further enquiries regarding the father.