G (A Child) v C & Ors [2008] EWCA Civ 105 (21 February 2008)

G (A Child) v C & Ors [2008] EWCA Civ 105 (21 February 2008)

Section 84(4) is satisfied if, on the facts, the child has her home with both applicants in the sense of joint provision and parental control, even if one applicant is physically absent for part of the period. Regulation 10(b)(iv) requires confirmation from the foreign adoption agency that the child will be...

Source-derived case information.

Citation
[2008] EWCA Civ 105
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 Against Order Under Section 84(1) Adoption and Children Act 2002
Outcome
Appeal adjourned for 28 days to allow further evidence on compliance with regulation 10(b)(iv); permission to appeal granted; no final order made pending further evidence.
Legal Topics
International Adoption, Parental Responsibility, Adoption With a Foreign Element, Statutory Interpretation, Children's Best Interests
Family Law Adoption Law International Adoption Parental Responsibility Adoption With a Foreign Element Statutory Interpretation Children's Best Interests

Source-derived case record

Summary, issues, holding and outcome

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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 Against Order Under Section 84(1) Adoption and Children Act 2002

Legal Issues

  1. 1 Whether section 84(4) 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 prior to making the order

Ratio Decidendi

Section 84(4) is satisfied if, on the facts, the child has her home with both applicants in the sense of joint provision and parental control, even if one applicant is physically absent for part of the period. Regulation 10(b)(iv) requires confirmation from the foreign adoption agency that the child will be authorised to enter and reside in the foreign country, but this need not be absolute and can be based on the agency's experience and knowledge. The order cannot be made unless all regulatory requirements are met.

Court Disposition

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

Orders

  • Adjournment of appeal for 28 days with liberty to restore
  • Local authority and guardian to seek confirmation from American Adoption Agency as required by regulation 10(b)(iv)