QS v RS & Anor

QS v RS & Anor

The court recognised T’s Nepalese adoption at common law and made a declaration under s 57 of the Family Law Act 1986, despite the parents not being domiciled or habitually resident in Nepal at the time of adoption, because strict application of the common law rule would breach the Article 8 ECHR rights of the parents and child, and recognition was manifestly in T’s best interests. The court further ordered that T remain living with her father in the UAE and have contact with her mother, as this arrangement best meets T’s welfare needs, wishes, and provides stability.

Parties
Applicant: QS; First Respondent: RS; Second Respondent: T (by her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
10 October 2016
Procedural Posture
Family / Final Hearing
Outcome
Declaration recognising foreign adoption granted; child arrangements order made.
Legal Topics
Recognition of Foreign Adoption, Child Arrangements, Best Interests of the Child, Public Policy, Article 8 ECHR
Family Law Private International Law Human Rights Recognition of Foreign Adoption Child Arrangements Best Interests of the Child Public Policy Article 8 ECHR

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Parties

QS

Applicant

RS

First Respondent

T (by her Children’s Guardian)

Second Respondent

Procedural Posture

Family / Final Hearing

Legal Issues

  1. 1 Whether the court can and should recognise T’s foreign adoption at common law and make a declaration regarding her status as the adopted child of the parents pursuant to s 57 of the Family Law Act 1986
  2. 2 With which parent T should live and what arrangements should be made for contact with the non-resident parent

Ratio Decidendi

The court recognised T’s Nepalese adoption at common law and made a declaration under s 57 of the Family Law Act 1986, despite the parents not being domiciled or habitually resident in Nepal at the time of adoption, because strict application of the common law rule would breach the Article 8 ECHR rights of the parents and child, and recognition was manifestly in T’s best interests. The court further ordered that T remain living with her father in the UAE and have contact with her mother, as this arrangement best meets T’s welfare needs, wishes, and provides stability.

Court Disposition

Declaration recognising foreign adoption granted; child arrangements order made.

Orders

  • Declaration pursuant to Family Law Act 1986 s 57 that T is the adopted child of QS and RS for purposes of s 67 of the Adoption and Children Act 2002.
  • Child arrangements order: T to live with her father in the UAE and have contact with her mother in the UAE and England or, if necessary, England.