CB (A Child)

CB (A Child)

Article 15 of BIIA does not apply to adoption proceedings or measures preparatory to adoption, including leave to oppose. No sufficient change of circumstances was demonstrated to allow leave to oppose adoption. The court's process and outcome were compatible with domestic and international law, and adoption was necessary for CB's welfare and stability.

Parties
Appellant Mother: LB; Respondent Local Authority: London Borough of Merton; Respondents: Prospective adopters; Child: CB; Intervener: Central Authority of the Republic of Latvia
Jurisdiction
England and Wales
Judgment Date
06 August 2015
Procedural Posture
Family Law Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Non Consensual Adoption, International Child Protection, Jurisdiction, Parental Responsibility, Consular Notification, Leave to Oppose Adoption, Contact Orders
Family Law Child Protection Adoption Non Consensual Adoption International Child Protection Jurisdiction Parental Responsibility Consular Notification +2 more

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Parties

LB

Appellant Mother

London Borough of Merton

Respondent Local Authority

Prospective adopters

Respondents

CB

Child

Central Authority of the Republic of Latvia

Intervener

Procedural Posture

Family Law Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Does Article 15 of Council Regulation (EC) No 2201/2003 apply to adoption proceedings?
  2. 2 Has there been a sufficient change of circumstances to allow leave to oppose adoption under section 47(5) of the Adoption and Children Act 2002?
  3. 3 Was there a breach of the Vienna Convention on Consular Relations by failing to notify Latvian authorities?

Ratio Decidendi

Article 15 of BIIA does not apply to adoption proceedings or measures preparatory to adoption, including leave to oppose. No sufficient change of circumstances was demonstrated to allow leave to oppose adoption. The court's process and outcome were compatible with domestic and international law, and adoption was necessary for CB's welfare and stability.

Court Disposition

Appeal dismissed

Orders

  • Mother's applications for Article 15 transfer, leave to oppose adoption, and contact are dismissed.
  • Adoption proceedings to continue in England.