BM v AM & Ors [2024] EWFC 383 (B) (26 November 2024)

BM v AM & Ors [2024] EWFC 383 (B) (26 November 2024)

Leave to apply for post-adoption direct contact is refused because there is an almost guaranteed risk of emotional harm and disruption to X if direct contact were to occur at this time, based on professional evidence. The child's welfare, stability, and ongoing therapeutic work take precedence. Indirect contact and life story work are sufficient for now.

Citation
[2024] EWFC 383 (B)
Parties
Applicant: BM; First Respondent: AM; Second Respondent: BF; Third Respondent: X (Through her Children's Guardian); Interested Party: The London Borough of Southwark
Jurisdiction
England and Wales
Judgment Date
26 November 2024
Procedural Posture
Family Post Adoption Contact Application / Judgment on Application for Leave to Apply for Post Adoption Contact
Outcome
Application for leave to apply for post-adoption direct contact refused.
Legal Topics
Adoption, Post Adoption Contact, Leave to Apply for Contact, Child Welfare, Indirect Contact, Life Story Work
Family Law Child Law Adoption Post Adoption Contact Leave to Apply for Contact Child Welfare Indirect Contact Life Story Work

Case Brief

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Parties

BM

Applicant

AM

First Respondent

BF

Second Respondent

X (Through her Children's Guardian)

Third Respondent

The London Borough of Southwark

Interested Party

Procedural Posture

Family Post Adoption Contact Application / Judgment on Application for Leave to Apply for Post Adoption Contact

Legal Issues

  1. 1 Whether birth mother should be granted leave to apply for post-adoption direct contact with adopted child
  2. 2 Whether direct contact is in the child's welfare interests at this time

Ratio Decidendi

Leave to apply for post-adoption direct contact is refused because there is an almost guaranteed risk of emotional harm and disruption to X if direct contact were to occur at this time, based on professional evidence. The child's welfare, stability, and ongoing therapeutic work take precedence. Indirect contact and life story work are sufficient for now.

Court Disposition

Application for leave to apply for post-adoption direct contact refused.

Orders

  • Refusal of leave to BM to apply for direct contact with X.
  • Direction to the local authority to finalise life story work by end of January 2025.