B (A Child), Re [2001] EWCA Civ 347 (20 February 2001)

B (A Child), Re [2001] EWCA Civ 347 (20 February 2001)

The judge below erred in making an adoption order as the plans for J were inconsistent with adoption, the father's objection was not unreasonable given professional support, and the judge failed to properly consider the proportionality of interfering with the father's Article 8 rights. The order was plainly wrong and must be set aside.

Citation
[2001] EWCA Civ 347
Parties
Applicant: DB; Mother: AK; Foster Mother / Respondent: Mrs F; Respondent: Devon County Council; Guardian Ad Litem: Mrs Catherine Lockyear
Jurisdiction
England and Wales
Judgment Date
20 February 2001
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment on Appeal From Taunton County Court
Outcome
Appeal allowed; order of court below set aside and substituted by order for father and guardian ad litem.
Legal Topics
Adoption, Residence Orders, Parental Consent, Article 8 ECHR, Care Orders
Family Law Child Law Adoption Residence Orders Parental Consent Article 8 ECHR Care Orders

Case Brief

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Parties

DB

Applicant

AK

Mother

Mrs F

Foster Mother / Respondent

Devon County Council

Respondent

Mrs Catherine Lockyear

Guardian Ad Litem

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment on Appeal From Taunton County Court

Legal Issues

  1. 1 Whether an adoption order should be made in favour of the foster mother against the father's wishes
  2. 2 Whether the father's consent to adoption was being unreasonably withheld
  3. 3 Whether making an adoption order would breach the father's right to family life under Article 8 ECHR

Ratio Decidendi

The judge below erred in making an adoption order as the plans for J were inconsistent with adoption, the father's objection was not unreasonable given professional support, and the judge failed to properly consider the proportionality of interfering with the father's Article 8 rights. The order was plainly wrong and must be set aside.

Court Disposition

Appeal allowed; order of court below set aside and substituted by order for father and guardian ad litem.

Orders

  • Adoption order set aside
  • Order substituted in favour of father and guardian ad litem