X (A Child), Re [2013] EWHC 689 (Fam) (27 March 2013)

X (A Child), Re [2013] EWHC 689 (Fam) (27 March 2013)

The applicant failed to establish, on the balance of probabilities, that X had her home with him at all times during the six months preceding the application as required by s42(3) ACA 2002. The evidence showed only intermittent and brief periods of physical cohabitation, insufficient to meet the statutory requirement, even on a purposive and flexible interpretation. Welfare considerations, however compelling, cannot override the statutory gateway.

Citation
[2013] EWHC 689 (Fam)
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 / Preliminary Issues and Judgment on Gateway Requirements
Outcome
Application dismissed for failure to meet statutory gateway requirement under s42(3) ACA 2002.
Legal Topics
Adoption by Step Parent, Statutory Gateway Requirements, Home Requirement Under S42(3) Adoption and Children Act 2002, Interpretation of 'home' in Adoption Context
Family Law Adoption Adoption by Step Parent Statutory Gateway Requirements Home Requirement Under S42(3) Adoption and Children Act 2002 Interpretation of 'home' in Adoption Context

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 / Preliminary Issues and Judgment on Gateway Requirements

Legal Issues

  1. 1 Whether the applicant meets the 'home' requirement under s42(3) Adoption and Children Act 2002 for adoption by a step-parent
  2. 2 Interpretation of 'home' in the context of international families and boarding school attendance
  3. 3 Whether sufficient opportunities for local authority assessment under s42(7) ACA 2002 exist

Ratio Decidendi

The applicant failed to establish, on the balance of probabilities, that X had her home with him at all times during the six months preceding the application as required by s42(3) ACA 2002. The evidence showed only intermittent and brief periods of physical cohabitation, insufficient to meet the statutory requirement, even on a purposive and flexible interpretation. Welfare considerations, however compelling, cannot override the statutory gateway.

Court Disposition

Application dismissed for failure to meet statutory gateway requirement under s42(3) ACA 2002.