X (A Child), Re

X (A Child), Re

The applicant did not meet the gateway requirement under section 42(3) ACA 2002 because the evidence showed only limited physical time spent together in the six months preceding the application, insufficient to establish that the child had her home with the applicant as required by statute.

Parties
Applicant: AB; 1st Respondent: BC; 2nd Respondent: DE; 3rd Respondent: A Local Authority; 4th Respondent: X (Through Her Children’s Guardian Deborah Day)
Jurisdiction
England and Wales
Judgment Date
27 March 2013
Procedural Posture
Adoption Application / Ruling on Gateway Requirements
Outcome
Application dismissed for failure to meet statutory gateway requirement under section 42(3) ACA 2002.
Legal Topics
Adoption, Jurisdiction, Domicile, Statutory Interpretation
Family Law Adoption Jurisdiction Domicile Statutory Interpretation

Case Brief

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Parties

AB

Applicant

BC

1st Respondent

DE

2nd Respondent

A Local Authority

3rd Respondent

X (Through Her Children’s Guardian Deborah Day)

4th Respondent

Procedural Posture

Adoption Application / Ruling on Gateway Requirements

Legal Issues

  1. 1 Whether the applicant meets the gateway requirement under section 42(3) Adoption and Children Act 2002 that the child must have had her home with the applicant at all times during the six months preceding the application
  2. 2 Whether the arrangements for the local authority's statutory investigation and assessment constitute sufficient opportunity to see the child in the home environment as required by section 42(7) ACA 2002

Ratio Decidendi

The applicant did not meet the gateway requirement under section 42(3) ACA 2002 because the evidence showed only limited physical time spent together in the six months preceding the application, insufficient to establish that the child had her home with the applicant as required by statute.

Court Disposition

Application dismissed for failure to meet statutory gateway requirement under section 42(3) ACA 2002.