A & N, Re (Children - Leave to Oppose Adoption) [2020] EWFC B81 (06 April 2020)

A & N, Re (Children - Leave to Oppose Adoption) [2020] EWFC B81 (06 April 2020)

The mother demonstrated a significant change in circumstances, including improved relationships, absence of domestic violence, and stability, crossing the threshold for reconsideration. The welfare assessment did not reveal sufficiently strong countervailing arguments to refuse leave. The court found that the concerns about disruption and risk could be managed, and that the lifelong consequences of adoption required a full assessment. Leave to oppose was therefore granted.

Citation
[2020] EWFC B81
Parties
Applicant: PA('s); First Respondent: Ealing; Second Respondent: the mother
Jurisdiction
England and Wales
Judgment Date
06 April 2020
Procedural Posture
Adoption Application (leave to Oppose) / Application for Leave to Oppose Adoption Order
Outcome
Leave to oppose granted to the Second Respondent mother.
Legal Topics
Adoption, Leave to Oppose Adoption, Welfare of the Child, Change in Circumstances, Care Orders
Family Law Child Law Adoption Leave to Oppose Adoption Welfare of the Child Change in Circumstances Care Orders

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Parties

PA('s)

Applicant

Ealing

First Respondent

the mother

Second Respondent

Procedural Posture

Adoption Application (leave to Oppose) / Application for Leave to Oppose Adoption Order

Legal Issues

  1. 1 Whether the Second Respondent mother should be granted leave to oppose the adoption application for her children A and N under section 47(5) Adoption and Children Act 2002.

Ratio Decidendi

The mother demonstrated a significant change in circumstances, including improved relationships, absence of domestic violence, and stability, crossing the threshold for reconsideration. The welfare assessment did not reveal sufficiently strong countervailing arguments to refuse leave. The court found that the concerns about disruption and risk could be managed, and that the lifelong consequences of adoption required a full assessment. Leave to oppose was therefore granted.

Court Disposition

Leave to oppose granted to the Second Respondent mother.

Orders

  • The application for leave to oppose is granted.
  • The case is to be listed with the case of E on 30 April 2020.