G (A Child) v C & Ors

G (A Child) v C & Ors

Section 84(4) Adoption and Children Act 2002 was satisfied as the child’s home was with both applicants in the factual circumstances, even though Mr C was not physically present for the entire 10 weeks. However, the order under section 84 could not be properly made until the requirements of paragraph 10(b)(iv) of the Regulations were satisfied by written confirmation from the relevant foreign authority that the child would be authorised to enter and reside permanently in the United States. The appeal was adjourned to allow compliance with this requirement.

Parties
Appellant: MM; 1st Respondent: Mr C; 1st Respondent: 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 High Court Order Granting Parental Responsibility Under Section 84(1) Adoption and Children Act 2002
Outcome
Appeal adjourned for 28 days to allow compliance with regulatory requirements; permission to appeal granted; no final determination until further evidence provided.
Legal Topics
Parental Responsibility Prior to Adoption Abroad, Interpretation of Section 84(4) Adoption and Children Act 2002, Compliance With Adoptions With a Foreign Element Regulations 2005, Child’s Best Interests, Human Rights Act 1998 Compliance
Family Law Adoption Law International Law Parental Responsibility Prior to Adoption Abroad Interpretation of Section 84(4) Adoption and Children Act 2002 Compliance With Adoptions With a Foreign Element Regulations 2005 Child’s Best Interests Human Rights Act 1998 Compliance

Case Brief

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Parties

MM

Appellant

Mr C

1st Respondent

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 High Court Order Granting Parental Responsibility 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
  3. 3 Whether the judge had power to make the order in absence of written confirmation from the relevant foreign authority

Ratio Decidendi

Section 84(4) Adoption and Children Act 2002 was satisfied as the child’s home was with both applicants in the factual circumstances, even though Mr C was not physically present for the entire 10 weeks. However, the order under section 84 could not be properly made until the requirements of paragraph 10(b)(iv) of the Regulations were satisfied by written confirmation from the relevant foreign authority that the child would be authorised to enter and reside permanently in the United States. The appeal was adjourned to allow compliance with this requirement.

Court Disposition

Appeal adjourned for 28 days to allow compliance with regulatory requirements; permission to appeal granted; no final determination until further evidence provided.

Orders

  • Local authority and guardian to seek written confirmation from the American Adoption Agency that the child will be authorised to enter and reside permanently in the United States.
  • Any party may restore the appeal within 28 days if progress is not made.