S & C (Children) [2006] EWCA Civ 1822 (13 December 2006)

S & C (Children) [2006] EWCA Civ 1822 (13 December 2006)

The judge's failure to adequately consider and weigh the conflicting evidence regarding the children's wishes and feelings, particularly given the age of the eldest child and the existence of written and oral evidence supporting adoption, constituted a material deficiency in the judgment. This warranted setting aside the orders in respect of the older children and remitting the applications for retrial. In respect of T, the agreement of the relevant adults and the manifest welfare benefit justified making an adoption order.

Citation
[2006] EWCA Civ 1822
Parties
Appellant: Mr and Mrs C; First Respondent: VS (mother); Second Respondent: Children's Guardian; Third Respondent: West Sussex County Council (Local Authority)
Jurisdiction
England and Wales
Judgment Date
13 December 2006
Procedural Posture
Adoption and Child Residence / Appeal From County Court Judgment
Outcome
appeal allowed in part
Legal Topics
Adoption, Residence Orders, Children's Wishes and Feelings, Special Guardianship, Appeal Procedure
Family Law Child Law Adoption Residence Orders Children's Wishes and Feelings Special Guardianship Appeal Procedure

Case Brief

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Parties

Mr and Mrs C

Appellant

VS (mother)

First Respondent

Children's Guardian

Second Respondent

West Sussex County Council (Local Authority)

Third Respondent

Procedural Posture

Adoption and Child Residence / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the judge adequately considered the children's wishes and feelings in the adoption application
  2. 2 Whether the judge erred in relying solely on the guardian's report over conflicting evidence
  3. 3 Whether the deficiencies in the judgment warranted a retrial for the older children

Ratio Decidendi

The judge's failure to adequately consider and weigh the conflicting evidence regarding the children's wishes and feelings, particularly given the age of the eldest child and the existence of written and oral evidence supporting adoption, constituted a material deficiency in the judgment. This warranted setting aside the orders in respect of the older children and remitting the applications for retrial. In respect of T, the agreement of the relevant adults and the manifest welfare benefit justified making an adoption order.

Court Disposition

appeal allowed in part

Orders

  • Orders in respect of the older children set aside and applications remitted for retrial before a different judge
  • Adoption order made in respect of T