W, Re

W, Re

Leave to invoke the inherent jurisdiction for revocation of the Adoption Order is refused because the process would likely cause more harm than benefit, is not proportionate, necessary, or reasonably likely to succeed, and adoption orders are intended to be final except in highly exceptional circumstances. The Care Order is granted as all parties agree and it is in G's best interests.

Parties
Applicant: Local Authority; 1st Respondent (mother): Mrs Y; 2nd Respondent (father): Mr Y; Children's Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
22 May 2013
Procedural Posture
Care and Adoption Proceedings / Judgment on Application for Leave to Invoke Inherent Jurisdiction and Final Care Order
Outcome
Leave to invoke inherent jurisdiction for revocation of Adoption Order refused; Care Order granted.
Legal Topics
Revocation of Adoption Order, Inherent Jurisdiction, Care Order, Parental Responsibility
Family Law Child Welfare Revocation of Adoption Order Inherent Jurisdiction Care Order Parental Responsibility

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Parties

Local Authority

Applicant

Mrs Y

1st Respondent (mother)

Mr Y

2nd Respondent (father)

Children's Guardian

Children's Guardian

Procedural Posture

Care and Adoption Proceedings / Judgment on Application for Leave to Invoke Inherent Jurisdiction and Final Care Order

Legal Issues

  1. 1 Whether leave should be granted to invoke the inherent jurisdiction of the High Court to seek revocation of an Adoption Order
  2. 2 Whether a Care Order should be made for the child G

Ratio Decidendi

Leave to invoke the inherent jurisdiction for revocation of the Adoption Order is refused because the process would likely cause more harm than benefit, is not proportionate, necessary, or reasonably likely to succeed, and adoption orders are intended to be final except in highly exceptional circumstances. The Care Order is granted as all parties agree and it is in G's best interests.

Court Disposition

Leave to invoke inherent jurisdiction for revocation of Adoption Order refused; Care Order granted.

Orders

  • Leave to invoke inherent jurisdiction refused.
  • Care Order for G made.