B-A, Re (Placement Order and Contact Order) [2026] EWCA Civ 356 (25 March 2026)

B-A, Re (Placement Order and Contact Order) [2026] EWCA Civ 356 (25 March 2026)

The judge did not err in making a section 26 ACA 2002 contact order for post-placement parental contact with the father; the order was justified by the established need for meaningful contact, the father's cognitive vulnerabilities, and the importance of maintaining the children's paternal identity. The judge's reasoning was consistent with statutory principles and relevant case law, and no flaw was identified in her treatment of the issue.

Citation
[2026] EWCA Civ 356
Parties
Appellant: Local Authority; First Respondent: Mother; Second Respondent: Father of A and B; Third Respondent: Father of C and D; Children's Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
25 March 2026
Procedural Posture
Appeal From Family Court (placement and Contact Orders) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Placement Orders, Contact Orders, Post Adoption Contact, Children's Welfare, Section 26 ACA 2002, Section 1 ACA 2002, Sibling Contact, Parental Contact, No Order Principle
Family Law Child Law Adoption Law Placement Orders Contact Orders Post Adoption Contact Children's Welfare Section 26 ACA 2002 +4 more

Case Brief

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Parties

Local Authority

Appellant

Mother

First Respondent

Father of A and B

Second Respondent

Father of C and D

Third Respondent

Children's Guardian

Children's Guardian

Procedural Posture

Appeal From Family Court (placement and Contact Orders) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in making a section 26 ACA 2002 contact order for post-placement parental contact
  2. 2 Whether the judge failed to properly weigh the impact of a contact order on family finding for adoption
  3. 3 Whether the judge failed to apply the 'no order' principle under section 1(6) ACA 2002

Ratio Decidendi

The judge did not err in making a section 26 ACA 2002 contact order for post-placement parental contact with the father; the order was justified by the established need for meaningful contact, the father's cognitive vulnerabilities, and the importance of maintaining the children's paternal identity. The judge's reasoning was consistent with statutory principles and relevant case law, and no flaw was identified in her treatment of the issue.

Court Disposition

Appeal dismissed

Orders

  • Section 26 ACA 2002 contact order for minimum annual face-to-face contact between C and D and their father upheld
  • Sibling contact orders between C, D, A, and B upheld