AA v BB & Ors [2024] EWFC 83 (B) (12 February 2024)

AA v BB & Ors [2024] EWFC 83 (B) (12 February 2024)

The welfare of each child throughout their life requires the making of step-parent adoption orders, dispensing with the father's consent, as the children have formed a settled, secure family unit with the step-father, have strong and authentic wishes for adoption, and the father's relationship with the children is either non-existent or of poor quality. The legal severance of the father's parental responsibility is proportionate and necessary in the children's best interests. A child arrangements order for supervised contact between D and the father is also required to safeguard D's welfare.

Citation
[2024] EWFC 83 (B)
Parties
Applicant: AA; First Respondent: BB; Second Respondent: CC; Third to Sixth Respondents: D, H, K and N (Children by their Children's Guardian, Helen Tucker)
Jurisdiction
England and Wales
Judgment Date
12 February 2024
Procedural Posture
Step Parent Adoption and Child Arrangements Applications / Final Judgment After Contested Hearing
Outcome
Step-parent adoption orders made for all four children; father's consent dispensed with; child arrangements order for supervised contact between D and the father; children's surnames to be changed on adoption.
Legal Topics
Step Parent Adoption, Parental Responsibility, Child Arrangements Orders, Dispensing With Parental Consent, Welfare of the Child, Article 8 ECHR, Children's Wishes and Feelings
Family Law Child Law Step Parent Adoption Parental Responsibility Child Arrangements Orders Dispensing With Parental Consent Welfare of the Child Article 8 ECHR +1 more

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Parties

AA

Applicant

BB

First Respondent

CC

Second Respondent

D, H, K and N (Children by their Children's Guardian, Helen Tucker)

Third to Sixth Respondents

Procedural Posture

Step Parent Adoption and Child Arrangements Applications / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether step-parent adoption orders should be made for four children and the father's consent dispensed with
  2. 2 Whether a child arrangements order for contact between the youngest child and the father should be made
  3. 3 Whether the children's surnames should be changed on adoption

Ratio Decidendi

The welfare of each child throughout their life requires the making of step-parent adoption orders, dispensing with the father's consent, as the children have formed a settled, secure family unit with the step-father, have strong and authentic wishes for adoption, and the father's relationship with the children is either non-existent or of poor quality. The legal severance of the father's parental responsibility is proportionate and necessary in the children's best interests. A child arrangements order for supervised contact between D and the father is also required to safeguard D's welfare.

Court Disposition

Step-parent adoption orders made for all four children; father's consent dispensed with; child arrangements order for supervised contact between D and the father; children's surnames to be changed on adoption.

Orders

  • Step-parent adoption orders for D, H, K, and N in favour of AA
  • Dispensation with CC's (father's) consent to adoption