ECC (The Local Authority) v SM (A Child) & Ors [2010] EWHC 1694 (Fam) (14 July 2010)

ECC (The Local Authority) v SM (A Child) & Ors [2010] EWHC 1694 (Fam) (14 July 2010)

Section 85 of the Adoption and Children Act 2002 should be read restrictively to apply only to permanent removals for adoption abroad, not to temporary removals for the purpose of satisfying the residence requirement for a Convention adoption order in this jurisdiction. The court has power under Section 28(2)-(3) to grant leave for temporary removal, provided the child remains subject to the court's jurisdiction and undertakings are given to return.

Citation
[2010] EWHC 1694 (Fam)
Parties
Applicant: E. C. C. (The Local Authority); 1st Respondent: SM (a child) (By her Guardian); 2nd Respondent: DC; 3rd Respondent: BM; 4th Respondent: DMH
Jurisdiction
England and Wales
Judgment Date
14 July 2010
Procedural Posture
Family Law Placement Order Application / Judgment After Hearing of Placement Order Application
Outcome
Placement order granted; leave to temporarily remove child to USA granted subject to conditions.
Legal Topics
Placement Order, Intercountry Adoption, Parental Consent Dispensation, Jurisdiction, Temporary Removal of Child
Family Law Adoption Law International Law Placement Order Intercountry Adoption Parental Consent Dispensation Jurisdiction Temporary Removal of Child

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Parties

E. C. C. (The Local Authority)

Applicant

SM (a child) (By her Guardian)

1st Respondent

DC

2nd Respondent

BM

3rd Respondent

DMH

4th Respondent

Procedural Posture

Family Law Placement Order Application / Judgment After Hearing of Placement Order Application

Legal Issues

  1. 1 Whether the court can grant leave for a child subject to a placement order to reside outside the jurisdiction to satisfy the statutory residence requirement for adoption
  2. 2 Whether such removal would breach Section 85 of the Adoption and Children Act 2002
  3. 3 Whether parental consent for placement order should be dispensed with

Ratio Decidendi

Section 85 of the Adoption and Children Act 2002 should be read restrictively to apply only to permanent removals for adoption abroad, not to temporary removals for the purpose of satisfying the residence requirement for a Convention adoption order in this jurisdiction. The court has power under Section 28(2)-(3) to grant leave for temporary removal, provided the child remains subject to the court's jurisdiction and undertakings are given to return.

Court Disposition

Placement order granted; leave to temporarily remove child to USA granted subject to conditions.

Orders

  • Placement order made for adoption with paternal uncle and aunt in the USA
  • Leave granted for temporary removal of child to USA for up to 6 months to satisfy residence requirement