L and C (Children) (Application for permission to oppose an Adoption Order) [2015] EWFC B22 (09 March 2015)

L and C (Children) (Application for permission to oppose an Adoption Order) [2015] EWFC B22 (09 March 2015)

Neither parent demonstrated a change in circumstances of sufficient nature and degree to satisfy the first stage of the statutory test under section 47(7) Adoption and Children Act 2002. Both parents' prospects of success in opposing the adoption order lack solidity. Even if there were sufficient change, the welfare of the children overwhelmingly requires that they remain in their current adoptive placement without further delay or disruption.

Citation
[2015] EWFC B22
Parties
Applicant Mother: S (Mother); Applicant Father: M (Father of C); Respondent: Local Authority; Subject Child: L (Child); Subject Child: C (Child)
Jurisdiction
England and Wales
Judgment Date
09 March 2015
Procedural Posture
Family Law Adoption / Application for Permission to Oppose Adoption Order
Outcome
Applications by both parents for permission to oppose the adoption order refused.
Legal Topics
Adoption, Leave to Oppose Adoption Order, Change of Circumstances, Child Welfare, Parental Responsibility
Family Law Child Law Adoption Leave to Oppose Adoption Order Change of Circumstances Child Welfare Parental Responsibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

S (Mother)

Applicant Mother

M (Father of C)

Applicant Father

Local Authority

Respondent

L (Child)

Subject Child

C (Child)

Subject Child

Procedural Posture

Family Law Adoption / Application for Permission to Oppose Adoption Order

Legal Issues

  1. 1 Whether the birth parents have demonstrated a change in circumstances sufficient to grant permission to oppose the adoption order under section 47(7) Adoption and Children Act 2002
  2. 2 Whether the welfare of the children requires refusal or granting of leave to oppose adoption

Ratio Decidendi

Neither parent demonstrated a change in circumstances of sufficient nature and degree to satisfy the first stage of the statutory test under section 47(7) Adoption and Children Act 2002. Both parents' prospects of success in opposing the adoption order lack solidity. Even if there were sufficient change, the welfare of the children overwhelmingly requires that they remain in their current adoptive placement without further delay or disruption.

Court Disposition

Applications by both parents for permission to oppose the adoption order refused.

Orders

  • Refusal of permission for both parents to oppose the adoption order.
  • Adoption orders to be made in due course for both children.