A (A Child) [2012] EWCA Civ 1890 (11 December 2012)

A (A Child) [2012] EWCA Civ 1890 (11 December 2012)

Mostyn J properly applied English adoption law, found N's welfare demanded adoption, dispensed with parental consent, and concluded mother's Convention rights were observed; no reasonable prospect of successful appeal.

Citation
[2012] EWCA Civ 1890
Parties
Applicant: Mother; First Respondent: Local Authority; Second Respondent: Adopter; Third Respondent: Child (N) by her Guardian
Jurisdiction
England and Wales
Judgment Date
11 December 2012
Procedural Posture
Application for Permission to Appeal (family/adoption) / Court of Appeal, Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Adoption Order, Parental Consent, Best Interests of the Child, European Convention on Human Rights, Jurisdictional Issues (scotland/england)
Family Law Adoption Law Adoption Order Parental Consent Best Interests of the Child European Convention on Human Rights Jurisdictional Issues (scotland/england)

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Parties

Mother

Applicant

Local Authority

First Respondent

Adopter

Second Respondent

Child (N) by her Guardian

Third Respondent

Procedural Posture

Application for Permission to Appeal (family/adoption) / Court of Appeal, Permission to Appeal

Legal Issues

  1. 1 Whether the adoption order was properly made under English law
  2. 2 Whether the Scottish proceedings and placement complied with the European Convention on Human Rights
  3. 3 Whether the mother's consent could be dispensed with

Ratio Decidendi

Mostyn J properly applied English adoption law, found N's welfare demanded adoption, dispensed with parental consent, and concluded mother's Convention rights were observed; no reasonable prospect of successful appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused