G v G

G v G

The application to set aside the parental order is refused because the circumstances do not meet the high threshold for revocation established in adoption law; procedural defects and Mrs G's concealment do not amount to fraud or breach of natural justice, and revocation would not promote the child's welfare. The court would likely have made the same order even if all information had been disclosed.

Parties
Applicant: Mr G; Respondent: Mrs G
Jurisdiction
England and Wales
Judgment Date
11 May 2012
Procedural Posture
Originating Application to Set Aside Parental Order / Judgment
Outcome
application dismissed
Legal Topics
Parental Orders, Revocation of Parental Orders, Adoption Law, Natural Justice, Child Welfare
Family Law Surrogacy Parental Orders Revocation of Parental Orders Adoption Law Natural Justice Child Welfare

Case Brief

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Parties

Mr G

Applicant

Mrs G

Respondent

Procedural Posture

Originating Application to Set Aside Parental Order / Judgment

Legal Issues

  1. 1 Whether the parental order made on 6th May 2011 should be set aside due to procedural defects and alleged concealment by Mrs G
  2. 2 Whether the court has jurisdiction to revoke a parental order
  3. 3 Impact of revocation on child welfare

Ratio Decidendi

The application to set aside the parental order is refused because the circumstances do not meet the high threshold for revocation established in adoption law; procedural defects and Mrs G's concealment do not amount to fraud or breach of natural justice, and revocation would not promote the child's welfare. The court would likely have made the same order even if all information had been disclosed.

Court Disposition

application dismissed

Orders

  • Copy of judgment to be sent to designated family judge at county court where parental order was made.
  • Case returned to County Court for Children Act 1989 proceedings to continue.