T (A Child) [2017] EWFC 19 (14 February 2017)

T (A Child) [2017] EWFC 19 (14 February 2017)

The hearing must be abandoned and relisted because the mandatory requirement to serve notice of the adoption application on the birth mother, who retains parental responsibility, was not fulfilled; her whereabouts are now known and she must be given a proper opportunity to participate.

Citation
[2017] EWFC 19
Parties
Local Authority: Manchester City Council; Mother: Mother of T (A Child); Father: Father of T (A Child); Child: T (A Child)
Jurisdiction
England and Wales
Judgment Date
14 February 2017
Procedural Posture
Adoption Application / Final Hearing Adjourned Due to Lack of Service on Mother
Outcome
Final hearing abandoned and adjourned; case to be relisted after proper service on the mother.
Legal Topics
Service of Notice, Adoption Order, Parental Responsibility, Procedural Fairness
Family Law Adoption Service of Notice Adoption Order Parental Responsibility Procedural Fairness

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Parties

Manchester City Council

Local Authority

Mother of T (A Child)

Mother

Father of T (A Child)

Father

T (A Child)

Child

Procedural Posture

Adoption Application / Final Hearing Adjourned Due to Lack of Service on Mother

Legal Issues

  1. 1 Whether proper notice of adoption proceedings was served on the birth mother
  2. 2 Whether the hearing can proceed in the absence of service on the mother

Ratio Decidendi

The hearing must be abandoned and relisted because the mandatory requirement to serve notice of the adoption application on the birth mother, who retains parental responsibility, was not fulfilled; her whereabouts are now known and she must be given a proper opportunity to participate.

Court Disposition

Final hearing abandoned and adjourned; case to be relisted after proper service on the mother.

Orders

  • Hearing vacated and to be re-fixed before another judge.
  • Proper service of notice of the adoption application to be effected on the birth mother.