AA v BB & Ors

AA v BB & Ors

The welfare of each child throughout their life is best served by making step-parent adoption orders for all four siblings, dispensing with the father's consent, and providing for supervised contact between D and the father. The benefits of permanency, stability, and belonging outweigh the losses associated with severing legal ties to the father. Adoption is a proportionate interference with the father's Article 8 rights given the lack of meaningful relationship and parental responsibility exercised by the father, and the well-established family unit with the step-father.

Parties
Applicant: AA; First Respondent: BB; Second Respondent: CC; Third to Sixth Respondents (children by Their Children’s Guardian, Helen Tucker): D, H, K and N
Jurisdiction
England and Wales
Judgment Date
17 November 2024
Procedural Posture
Adoption and Child Arrangements / Final Judgment
Outcome
Step-parent adoption orders granted for all four children; father's consent dispensed with; supervised contact ordered between D and the father; change of surname permitted.
Legal Topics
Step Parent Adoption, Parental Responsibility, Child Arrangements, Contact Orders, Change of Surname, Dispensing With Parental Consent, Article 8 ECHR, Children's Welfare, Sibling Relationships
Family Law Child Law Human Rights Step Parent Adoption Parental Responsibility Child Arrangements Contact Orders Change of Surname +4 more

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Parties

AA

Applicant

BB

First Respondent

CC

Second Respondent

D, H, K and N

Third to Sixth Respondents (children by Their Children’s Guardian, Helen Tucker)

Procedural Posture

Adoption and Child Arrangements / Final Judgment

Legal Issues

  1. 1 Whether step-parent adoption orders should be made for four siblings
  2. 2 Whether the father's consent should be dispensed with
  3. 3 Whether supervised contact between D and the father should be ordered

Ratio Decidendi

The welfare of each child throughout their life is best served by making step-parent adoption orders for all four siblings, dispensing with the father's consent, and providing for supervised contact between D and the father. The benefits of permanency, stability, and belonging outweigh the losses associated with severing legal ties to the father. Adoption is a proportionate interference with the father's Article 8 rights given the lack of meaningful relationship and parental responsibility exercised by the father, and the well-established family unit with the step-father.

Court Disposition

Step-parent adoption orders granted for all four children; father's consent dispensed with; supervised contact ordered between D and the father; change of surname permitted.

Orders

  • Step-parent adoption orders for D, H, K, and N
  • Dispensation of father's consent to adoption