In the Matter of T (A Child)

In the Matter of T (A Child)

The hearing cannot proceed as mandatory notice of adoption proceedings was not served on the birth mother, whose whereabouts are now known; proper service is required before the adoption application can be determined.

Parties
Local Authority: Manchester City Council; Subject Child: T (A Child); Birth Parent: Birth Mother; Birth Parent: Birth Father; Adoption Applicant: Applicant for Adoption
Jurisdiction
England and Wales
Judgment Date
14 February 2017
Procedural Posture
Adoption / Final Hearing Adjourned
Outcome
final hearing abandoned and adjourned
Legal Topics
Adoption, Service of Process, Parental Responsibility, Delay and Child Welfare
Family Law Adoption Service of Process Parental Responsibility Delay and Child Welfare

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Parties

Manchester City Council

Local Authority

T (A Child)

Subject Child

Birth Mother

Birth Parent

Birth Father

Birth Parent

Applicant for Adoption

Adoption Applicant

Procedural Posture

Adoption / Final Hearing Adjourned

Legal Issues

  1. 1 Whether proper notice of adoption proceedings was served on the birth mother
  2. 2 Whether the hearing can proceed without service on the birth mother
  3. 3 Impact of delay on child's welfare

Ratio Decidendi

The hearing cannot proceed as mandatory notice of adoption proceedings was not served on the birth mother, whose whereabouts are now known; proper service is required before the adoption application can be determined.

Court Disposition

final hearing abandoned and adjourned

Orders

  • Hearing to be re-fixed before another judge after proper service on the birth mother