W (Children : application for permission to oppose) [2014] EWFC B120 (18 September 2014)

W (Children : application for permission to oppose) [2014] EWFC B120 (18 September 2014)

Neither parent has demonstrated a sufficient or material change in circumstances since the placement orders were made. The threshold for reopening the adoption proceedings has not been met. Even if such change were established, the welfare evaluation would strongly argue against granting permission to oppose the adoption. The applications for permission to oppose are refused.

Citation
[2014] EWFC B120
Parties
Birth Mother: M; Birth Father: F; Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
18 September 2014
Procedural Posture
Adoption/child Welfare / Application for Permission to Oppose Adoption Under S.47(5) Adoption and Children Act 2002
Outcome
Applications for permission to oppose adoption refused; permission to appeal refused.
Legal Topics
Adoption, Leave to Oppose Adoption, Change in Circumstances, Welfare of the Child, Parental Rights
Family Law Child Law Adoption Leave to Oppose Adoption Change in Circumstances Welfare of the Child Parental Rights

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Parties

M

Birth Mother

F

Birth Father

Local Authority

Respondent

Procedural Posture

Adoption/child Welfare / Application for Permission to Oppose Adoption Under S.47(5) Adoption and Children Act 2002

Legal Issues

  1. 1 Whether there has been a sufficient change in circumstances since the placement orders to justify granting leave to oppose the adoption applications under s.47(5) Adoption and Children Act 2002
  2. 2 Whether, if such change exists, it is in the children's welfare interests to grant permission to oppose the adoption

Ratio Decidendi

Neither parent has demonstrated a sufficient or material change in circumstances since the placement orders were made. The threshold for reopening the adoption proceedings has not been met. Even if such change were established, the welfare evaluation would strongly argue against granting permission to oppose the adoption. The applications for permission to oppose are refused.

Court Disposition

Applications for permission to oppose adoption refused; permission to appeal refused.

Orders

  • Applications by M and F for permission to oppose adoption are refused.
  • Permission to appeal is refused.