R (Leave to Oppose The Making of an Adoption Order), Re

R (Leave to Oppose The Making of an Adoption Order), Re

JW failed to demonstrate a change in circumstances of sufficient nature and degree to open the door to judicial discretion. Even if there was a change, the court would not exercise discretion to grant leave, as JW's prospects of success lack solidity and granting leave would cause further delay and emotional harm to R, contrary to her welfare.

Parties
Applicant: LR; Respondent: A Local Authority; Subject Child: R; Birth Mother: JW; Birth Father: NP
Jurisdiction
England and Wales
Judgment Date
13 November 2020
Procedural Posture
Adoption Application / Ruling on Leave to Oppose Adoption Order
Outcome
application for leave to oppose adoption order refused
Legal Topics
Adoption, Leave to Oppose Adoption Order, Child Welfare, Change in Circumstances, Parental Rights
Family Law Adoption Leave to Oppose Adoption Order Child Welfare Change in Circumstances Parental Rights

Case Brief

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Parties

LR

Applicant

A Local Authority

Respondent

R

Subject Child

JW

Birth Mother

NP

Birth Father

Procedural Posture

Adoption Application / Ruling on Leave to Oppose Adoption Order

Legal Issues

  1. 1 Whether JW, the birth mother, should be granted leave to oppose the making of an adoption order for R
  2. 2 Whether there has been a change in circumstances sufficient to open the door to judicial discretion
  3. 3 Whether granting leave would be consistent with R's welfare

Ratio Decidendi

JW failed to demonstrate a change in circumstances of sufficient nature and degree to open the door to judicial discretion. Even if there was a change, the court would not exercise discretion to grant leave, as JW's prospects of success lack solidity and granting leave would cause further delay and emotional harm to R, contrary to her welfare.

Court Disposition

application for leave to oppose adoption order refused

Orders

  • JW is refused leave to oppose the making of an adoption order for R