L (A Child: Step-Parent Adoption)

L (A Child: Step-Parent Adoption)

The appeal was dismissed because the judge applied the correct statutory framework, considered the welfare checklist, and made findings supported by the evidence. Although the judge was not referred to the leading authorities and did not explicitly address s.46(6) ACA, her reasoning and findings were sufficient to satisfy the statutory requirements. The omission did not undermine the validity of the adoption order, as the outcome would have been the same had the correct approach been explicitly followed.

Parties
Subject: L (A Child); Applicant's Partner/parent: Mother; Applicant: Step-father; Respondent/natural Father: MV (Father); Respondent/guardian: Children’s Guardian (Ms Ruddock)
Jurisdiction
England and Wales
Judgment Date
26 May 2021
Procedural Posture
Family/adoption Appeal / Appeal From Family Court Decision to Court of Appeal
Outcome
Appeal dismissed; adoption order stands.
Legal Topics
Step Parent Adoption, Dispensing With Parental Consent, Article 8 ECHR, Adoption and Children Act 2002, Welfare of the Child, Contact Arrangements Post Adoption
Family Law Child Law Step Parent Adoption Dispensing With Parental Consent Article 8 ECHR Adoption and Children Act 2002 Welfare of the Child Contact Arrangements Post Adoption

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Parties

L (A Child)

Subject

Mother

Applicant's Partner/parent

Step-father

Applicant

MV (Father)

Respondent/natural Father

Children’s Guardian (Ms Ruddock)

Respondent/guardian

Procedural Posture

Family/adoption Appeal / Appeal From Family Court Decision to Court of Appeal

Legal Issues

  1. 1 Whether the adoption order should be set aside due to failure to refer to leading authorities and statutory provisions on step-parent adoption
  2. 2 Whether the judge failed to comply with s.46(6) Adoption and Children Act 2002 regarding contact arrangements

Ratio Decidendi

The appeal was dismissed because the judge applied the correct statutory framework, considered the welfare checklist, and made findings supported by the evidence. Although the judge was not referred to the leading authorities and did not explicitly address s.46(6) ACA, her reasoning and findings were sufficient to satisfy the statutory requirements. The omission did not undermine the validity of the adoption order, as the outcome would have been the same had the correct approach been explicitly followed.

Court Disposition

Appeal dismissed; adoption order stands.

Orders

  • Adoption order in favour of step-father confirmed.
  • No order for contact between father and L.