G (A Child) (No. 1) [2008] EWCA Civ 105 (21 February 2008)

G (A Child) (No. 1) [2008] EWCA Civ 105 (21 February 2008)

Section 84(4) does not require both applicants to be physically present with the child for the entire ten-week period; it is sufficient if the child’s home is with both in a factual and practical sense, allowing for absences if effective parental control and assessment are maintained. However, the requirement under regulation 10(b)(iv) for written confirmation from the relevant foreign authority that the child will be authorised to enter and reside permanently in the foreign country must be satisfied before the order is made, but this confirmation need not be absolute or from a governmental body; it may be given by the foreign adoption agency based on its experience and knowledge.

Parties
Appellant: MM; 1st Respondent: Mr & Mrs C; 2nd Respondent: A Local Authority; 3rd Respondent: AG; 4th Respondent: G by her Children's Guardian
Jurisdiction
England and Wales
Judgment Date
21 February 2008
Procedural Posture
Appeal / Permission to Appeal and Substantive Appeal Hearing
Outcome
Appeal adjourned for 28 days to allow compliance with regulation 10(b)(iv); permission to appeal granted; no final order made on appeal at this stage.
Legal Topics
Adoption With a Foreign Element, Parental Responsibility, Statutory Interpretation, Compliance With Regulations, Human Rights Act 1998
Family Law Adoption Law International Private Law Adoption With a Foreign Element Parental Responsibility Statutory Interpretation Compliance With Regulations Human Rights Act 1998

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Parties

MM

Appellant

Mr & Mrs C

1st Respondent

A Local Authority

2nd Respondent

AG

3rd Respondent

G by her Children's Guardian

4th Respondent

Procedural Posture

Appeal / Permission to Appeal and Substantive Appeal Hearing

Legal Issues

  1. 1 Whether section 84(4) of the Adoption and Children Act 2002 was satisfied regarding the child's home with both applicants for 10 weeks
  2. 2 Whether the requirements of paragraph 10(b)(iv) of the Adoptions with a Foreign Element Regulations 2005 were satisfied before making the order

Ratio Decidendi

Section 84(4) does not require both applicants to be physically present with the child for the entire ten-week period; it is sufficient if the child’s home is with both in a factual and practical sense, allowing for absences if effective parental control and assessment are maintained. However, the requirement under regulation 10(b)(iv) for written confirmation from the relevant foreign authority that the child will be authorised to enter and reside permanently in the foreign country must be satisfied before the order is made, but this confirmation need not be absolute or from a governmental body; it may be given by the foreign adoption agency based on its experience and knowledge.

Court Disposition

Appeal adjourned for 28 days to allow compliance with regulation 10(b)(iv); permission to appeal granted; no final order made on appeal at this stage.

Orders

  • Local authority and guardian to seek written confirmation from the American Adoption Agency as required by regulation 10(b)(iv).
  • Liberty to any party to restore the appeal within 28 days.