MF v The London Borough of Brent [2013] EWHC 1838 (Fam) (28 June 2013)

MF v The London Borough of Brent [2013] EWHC 1838 (Fam) (28 June 2013)

The court held that P-M's welfare required an adoption order in favour of Ms D, as only adoption would provide the permanence, stability, and exclusive parental responsibility necessary for his needs. However, the court also found that regular direct contact with his maternal grandmother and sister was essential to...

Source-derived case information.

Citation
[2013] EWHC 1838 (Fam)
Parties
Applicant: MF; 1st Respondent: The London Borough of Brent; 2nd Respondent: JP; 3rd Respondent: MM; 4th Respondent: MD; 5th Respondent: P-M (A Child, by his Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
28 June 2013
Procedural Posture
Adoption and Contact Proceedings Under the Children Act 1989 and Adoption and Children Act 2002 / Final Judgment After Full Hearing
Outcome
Adoption order granted in favour of Ms D; limited contact order made for maternal grandmother and sister.
Legal Topics
Adoption, Contact Orders, Parental Responsibility, Welfare of the Child
Family Law Child Law Adoption Contact Orders Parental Responsibility Welfare of the Child

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Summary, issues, holding and outcome

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Parties

MF

Applicant

The London Borough of Brent

1st Respondent

JP

2nd Respondent

MM

3rd Respondent

MD

4th Respondent

P-M (A Child, by his Children's Guardian)

5th Respondent

Procedural Posture

Adoption and Contact Proceedings Under the Children Act 1989 and Adoption and Children Act 2002 / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether an adoption order should be made in favour of Ms D for P-M
  2. 2 Whether a contact order should be made for the maternal grandmother and sister post-adoption
  3. 3 What frequency and form of contact is in the child's best interests

Ratio Decidendi

The court held that P-M's welfare required an adoption order in favour of Ms D, as only adoption would provide the permanence, stability, and exclusive parental responsibility necessary for his needs. However, the court also found that regular direct contact with his maternal grandmother and sister was essential to his welfare and identity, and that a limited contact order was necessary to secure this, with the success of the adoption in part dependent on maintaining these relationships.

Court Disposition

Adoption order granted in favour of Ms D; limited contact order made for maternal grandmother and sister.

Orders

  • Adoption order in favour of Ms D for P-M
  • Limited contact order for eight visits per year between P-M and his maternal grandmother and sister, as per schedule recommended by the Children's Guardian