P (A Child) [2014] EWCA Civ 1174 (15 August 2014)

P (A Child) [2014] EWCA Civ 1174 (15 August 2014)

The Court of Appeal held that the trial judge erred in law by applying an unduly rigid and high threshold to the 'requires' test under s 52(1)(b) ACA 2002, failing to properly evaluate the proportionality of the interference with family life in the context of a step-parent adoption where the biological fathers had no meaningful relationship with the children. The welfare of the children, their clear wishes, and the established family unit with the applicant justified dispensing with the father's consent and making the adoption orders.

Citation
[2014] EWCA Civ 1174
Parties
Applicant: Mr TMI; Subject Child: A (a child); Subject Child: D (a child); Supporting Parent: Mother of A and D; Respondent Parent: A's father (MP); Other Parent: D's father (BZ)
Jurisdiction
England and Wales
Judgment Date
15 August 2014
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Wrexham County Court
Outcome
Appeal allowed; adoption orders granted for both children.
Legal Topics
Adoption, Step Parent Adoption, Parental Responsibility, Dispensing With Parental Consent, Welfare of the Child, Proportionality Under ECHR Article 8
Family Law Child Law Adoption Step Parent Adoption Parental Responsibility Dispensing With Parental Consent Welfare of the Child Proportionality Under ECHR Article 8

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Parties

Mr TMI

Applicant

A (a child)

Subject Child

D (a child)

Subject Child

Mother of A and D

Supporting Parent

A's father (MP)

Respondent Parent

D's father (BZ)

Other Parent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Wrexham County Court

Legal Issues

  1. 1 Whether the court should grant step-parent adoption orders for two children where one biological father has parental responsibility and the other does not
  2. 2 Whether the court should dispense with the consent of a non-participating parent with parental responsibility under s 52(1)(b) of the Adoption and Children Act 2002
  3. 3 How the proportionality test under ECHR Article 8 applies to step-parent adoptions

Ratio Decidendi

The Court of Appeal held that the trial judge erred in law by applying an unduly rigid and high threshold to the 'requires' test under s 52(1)(b) ACA 2002, failing to properly evaluate the proportionality of the interference with family life in the context of a step-parent adoption where the biological fathers had no meaningful relationship with the children. The welfare of the children, their clear wishes, and the established family unit with the applicant justified dispensing with the father's consent and making the adoption orders.

Court Disposition

Appeal allowed; adoption orders granted for both children.

Orders

  • Adoption orders made in favour of Mr TMI for both A and D.
  • Dispensation with A's father's consent under s 52(1)(b) ACA 2002.