L (A Child: Step-Parent Adoption) [2021] EWCA Civ 801 (26 May 2021)

L (A Child: Step-Parent Adoption) [2021] EWCA Civ 801 (26 May 2021)

The judge's failure to refer to Re P, Söderbäck, or s.46(6) ACA 2002 did not undermine the adoption order because the statutory welfare checklist was properly applied, the evidence overwhelmingly supported adoption, and the child's wishes were clear; the greater test ('nothing else will do') was applied, which...

Source-derived case information.

Citation
[2021] EWCA Civ 801
Parties
Appellant: MV (the father); First Respondent: Mother; Second Respondent: Step-father; Respondent Guardian: Children's Guardian (Ms Ruddock)
Jurisdiction
England and Wales
Judgment Date
26 May 2021
Procedural Posture
Family Law Appeal / Appeal From Family Court to Court of Appeal
Outcome
Appeal dismissed; adoption order stands.
Legal Topics
Step Parent Adoption, Dispensing With Parental Consent, Article 8 ECHR, Adoption and Children Act 2002, Contact Arrangements
Family Law Child Law Step Parent Adoption Dispensing With Parental Consent Article 8 ECHR Adoption and Children Act 2002 Contact Arrangements

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Parties

MV (the father)

Appellant

Mother

First Respondent

Step-father

Second Respondent

Children's Guardian (Ms Ruddock)

Respondent Guardian

Procedural Posture

Family Law Appeal / Appeal From Family Court to Court of Appeal

Legal Issues

  1. 1 Whether the adoption order should be set aside due to failure to refer to leading authorities and statutory provisions on step-parent adoption and contact arrangements under s.46(6) ACA 2002.

Ratio Decidendi

The judge's failure to refer to Re P, Söderbäck, or s.46(6) ACA 2002 did not undermine the adoption order because the statutory welfare checklist was properly applied, the evidence overwhelmingly supported adoption, and the child's wishes were clear; the greater test ('nothing else will do') was applied, which subsumes the lesser proportionality test required for step-parent adoptions.

Court Disposition

Appeal dismissed; adoption order stands.

Orders

  • Adoption order in favour of step-father confirmed.
  • No order for contact between father and child.