CC (Adoption Application: Separated Applicants)

CC (Adoption Application: Separated Applicants)

It is in M's best interests and welfare for a joint adoption order to be made in favour of both Mr and Mrs C, despite their separation, as this secures her legal and psychological position within the family, maintains her relationships with both parents and siblings, and avoids future emotional and legal complications.

Parties
Applicant: Mr C; Applicant: Mrs C; Respondent: DCC (Local Authority); Respondent: M (child, by Guardian)
Jurisdiction
England and Wales
Judgment Date
11 October 2013
Procedural Posture
Adoption Application / Judgment on Final Determination
Outcome
joint adoption order granted
Legal Topics
Adoption, Parental Responsibility, Welfare of the Child, Separated Applicants
Family Law Child Law Adoption Parental Responsibility Welfare of the Child Separated Applicants

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Parties

Mr C

Applicant

Mrs C

Applicant

DCC (Local Authority)

Respondent

M (child, by Guardian)

Respondent

Procedural Posture

Adoption Application / Judgment on Final Determination

Legal Issues

  1. 1 Whether a joint adoption order should be made in favour of both separated applicants
  2. 2 Whether making a joint order is in the best interests of the child

Ratio Decidendi

It is in M's best interests and welfare for a joint adoption order to be made in favour of both Mr and Mrs C, despite their separation, as this secures her legal and psychological position within the family, maintains her relationships with both parents and siblings, and avoids future emotional and legal complications.

Court Disposition

joint adoption order granted

Orders

  • Adoption order made in favour of both Mr and Mrs C jointly