C (A Child), Re

C (A Child), Re

The judge correctly applied the law by finding a change of circumstances but exercised her discretion properly in refusing permission to oppose the adoption, prioritizing the child's welfare and permanence over the uncertain possibility of parental rehabilitation.

Parties
Appellant: TC; Appellant: SM; Respondent: Miss C; Respondent: Mr M
Jurisdiction
England and Wales
Judgment Date
22 July 2008
Procedural Posture
Civil / Application for Permission to Appeal
Outcome
application refused
Legal Topics
Adoption, Child Welfare, Parental Rights, Appeals
Family Law Adoption Child Welfare Parental Rights Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

TC

Appellant

SM

Appellant

Miss C

Respondent

Mr M

Respondent

Procedural Posture

Civil / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in law or discretion in refusing permission to oppose an adoption application under section 47(5) of the Adoption and Children Act 2002

Ratio Decidendi

The judge correctly applied the law by finding a change of circumstances but exercised her discretion properly in refusing permission to oppose the adoption, prioritizing the child's welfare and permanence over the uncertain possibility of parental rehabilitation.

Court Disposition

application refused

Orders

  • Application for permission to appeal refused
  • Judgment to be provided to applicants at public expense