CB (A Child) [2015] EWCA Civ 888 (06 August 2015)

CB (A Child) [2015] EWCA Civ 888 (06 August 2015)

Article 15 BIIA does not apply to adoption proceedings or measures preparatory to adoption, including applications for leave to oppose adoption. The mother failed to demonstrate any material change of circumstances since the placement order; her arguments focused on dissatisfaction with previous judgments rather...

Source-derived case information.

Citation
[2015] EWCA Civ 888
Parties
Appellant Mother: LB; Respondent Local Authority: London Borough of Merton; Respondent: Prospective Adopters; Subject Child: CB (A Child); Intervener: Central Authority of the Republic of Latvia
Jurisdiction
England and Wales
Judgment Date
06 August 2015
Procedural Posture
Appeal (family Law Adoption) / Court of Appeal Judgment on Appeal From High Court (family Division)
Outcome
Appeal dismissed
Legal Topics
Adoption, Jurisdiction (brussels II Revised/biia), Leave to Oppose Adoption, Contact With Child, Consular Notification (vienna Convention), Change of Circumstances, Child Welfare, Habitual Residence
Family Law International Law Child Protection Adoption Jurisdiction (brussels II Revised/biia) Leave to Oppose Adoption Contact With Child Consular Notification (vienna Convention) +3 more

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Summary, issues, holding and outcome

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Parties

LB

Appellant Mother

London Borough of Merton

Respondent Local Authority

Prospective Adopters

Respondent

CB (A Child)

Subject Child

Central Authority of the Republic of Latvia

Intervener

Procedural Posture

Appeal (family Law Adoption) / Court of Appeal Judgment on Appeal From High Court (family Division)

Legal Issues

  1. 1 Does Article 15 of Brussels II Revised (BIIA) apply to adoption proceedings or measures preparatory to adoption?
  2. 2 Has the mother demonstrated a sufficient change of circumstances to justify leave to oppose the adoption order under section 47(5) Adoption and Children Act 2002?
  3. 3 Should the proceedings be transferred to Latvia or stayed in favour of Latvian jurisdiction?

Ratio Decidendi

Article 15 BIIA does not apply to adoption proceedings or measures preparatory to adoption, including applications for leave to oppose adoption. The mother failed to demonstrate any material change of circumstances since the placement order; her arguments focused on dissatisfaction with previous judgments rather than substantive change. The welfare of the child, CB, required stability and security, which only adoption could provide. Procedural failings regarding consular notification did not affect the substantive outcome. The appeal is dismissed on all grounds.

Court Disposition

Appeal dismissed

Orders

  • Mother's applications for transfer of proceedings to Latvia, for leave to oppose adoption, and for contact are all dismissed.
  • No order for contact between mother and child.