G (A Child)

AR, as a non-relative, cannot apply for leave to oppose adoption or for a residence order without court's leave under ACA 2002 s 29(4); no discrete statutory requirement for change in circumstances, but such change is highly relevant. AR failed to demonstrate sufficient change or prospects of success, and has no legitimate interest to be joined as a party.

Parties: Appellant: AR; First Respondent: City and Council of Swansea; Second Respondent: Children’s Guardian; Third Respondent: Mother of G
Jurisdiction: England and Wales
Judgment Date: 08 April 2014
Procedural Posture: Appeal / Judgment on Appeal Against Refusal to Join/apply for Residence Order in Adoption Proceedings
Outcome: Appeal dismissed
Legal Topics: Adoption, Care Orders, Residence Orders, Party Joinder, Change of Circumstances

Family Law Child Law Adoption Care Orders Residence Orders Party Joinder Change of Circumstances

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Parties

Appellant

City and Council of Swansea

First Respondent

Children’s Guardian

Second Respondent

Mother of G

Third Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Join/apply for Residence Order in Adoption Proceedings

Legal Issues

1 Whether a non-relative former carer can apply for leave to oppose adoption or for a residence order under ACA 2002 s 29(4)
2 Whether AR should be joined as a party to adoption proceedings
3 Whether AR has established a significant change in circumstances justifying leave

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

AR’s application for leave to apply for a residence order under ACA 2002 s 29(4) is refused
AR’s application to be joined as a party to adoption proceedings is refused