QQ v XX & Ors

QQ v XX & Ors

The court held that Esmarelda’s welfare throughout her life requires dispensing with the father’s consent and making a step-parent adoption order. The Vienna Convention does not require notification of the Country F Consulate in these circumstances, and even if it did, discretion would be exercised not to notify. The adoption order is proportionate, consolidates the reality of family life, and does not sever Esmarelda’s ties with her mother or heritage. The order’s limited effect in Country F does not outweigh the lifelong emotional and legal benefit to Esmarelda in this jurisdiction.

Parties
Applicant: QQ; First Respondent (mother): XX; Second Respondent (father): JJ; Third Respondent (child): Esmarelda (through her Children’s Guardian Lynn Magson); Fourth Respondent (local Authority): A Borough Council
Jurisdiction
England and Wales
Judgment Date
17 November 2022
Procedural Posture
Adoption / Final Judgment
Outcome
Adoption order granted; father’s consent dispensed with.
Legal Topics
Step Parent Adoption, Dispensing With Parental Consent, International Law—vienna Convention, Recognition of Foreign Adoption Orders, Welfare of the Child
Family Law Adoption Step Parent Adoption Dispensing With Parental Consent International Law—vienna Convention Recognition of Foreign Adoption Orders Welfare of the Child

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Parties

QQ

Applicant

XX

First Respondent (mother)

JJ

Second Respondent (father)

Esmarelda (through her Children’s Guardian Lynn Magson)

Third Respondent (child)

A Borough Council

Fourth Respondent (local Authority)

Procedural Posture

Adoption / Final Judgment

Legal Issues

  1. 1 Whether the court should make a step-parent adoption order for Esmarelda
  2. 2 Whether the Vienna Convention on Consular Relations 1963 requires notification of the Country F Consulate
  3. 3 Whether the father's consent should be dispensed with under section 52(1)(b) of the Adoption and Children Act 2002

Ratio Decidendi

The court held that Esmarelda’s welfare throughout her life requires dispensing with the father’s consent and making a step-parent adoption order. The Vienna Convention does not require notification of the Country F Consulate in these circumstances, and even if it did, discretion would be exercised not to notify. The adoption order is proportionate, consolidates the reality of family life, and does not sever Esmarelda’s ties with her mother or heritage. The order’s limited effect in Country F does not outweigh the lifelong emotional and legal benefit to Esmarelda in this jurisdiction.

Court Disposition

Adoption order granted; father’s consent dispensed with.

Orders

  • The father’s consent to adoption is dispensed with under section 52(1)(b) ACA 2002.
  • An adoption order will be made in favour of the applicant (QQ) in respect of Esmarelda.