The Prospective Adopters v FB & Ors

The Prospective Adopters v FB & Ors

The court found that E's welfare required an adoption order and the severance of legal ties with his birth family. The mother's changes, while positive, were untested and came too late. Removing E from his settled adoptive placement would be devastating and contrary to his welfare. No other order would suffice. The views of siblings were now fully canvassed and did not alter the outcome. Only indirect (letterbox) contact was appropriate; direct or shared care contact would undermine the placement.

Parties
Applicant: The Prospective Adopters; First Respondent (mother): FB; Second Respondent (father): JK; Third Respondent: The Local Authority; Fourth Respondent (half Sister): CB; Fifth Respondent (child): Child E (by his Guardian, MM)
Jurisdiction
England and Wales
Judgment Date
05 February 2015
Procedural Posture
Adoption Application / Final Judgment After Contested Hearing
Outcome
Adoption order granted; parental consent dispensed with.
Legal Topics
Adoption, Dispensing With Parental Consent, Post Adoption Contact, Welfare of the Child, Sibling Relationships, Human Rights (article 8 Echr)
Family Law Child Law Adoption Dispensing With Parental Consent Post Adoption Contact Welfare of the Child Sibling Relationships Human Rights (article 8 Echr)

Case Brief

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Parties

The Prospective Adopters

Applicant

FB

First Respondent (mother)

JK

Second Respondent (father)

The Local Authority

Third Respondent

CB

Fourth Respondent (half Sister)

Child E (by his Guardian, MM)

Fifth Respondent (child)

Procedural Posture

Adoption Application / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether to grant an adoption order for Child E and dispense with parental consent
  2. 2 Whether the birth mother's change of circumstances justifies refusing adoption
  3. 3 Whether the voices of siblings CB and DB were properly considered

Ratio Decidendi

The court found that E's welfare required an adoption order and the severance of legal ties with his birth family. The mother's changes, while positive, were untested and came too late. Removing E from his settled adoptive placement would be devastating and contrary to his welfare. No other order would suffice. The views of siblings were now fully canvassed and did not alter the outcome. Only indirect (letterbox) contact was appropriate; direct or shared care contact would undermine the placement.

Court Disposition

Adoption order granted; parental consent dispensed with.

Orders

  • Adoption order made in favour of the applicants for Child E
  • Parental consent of the mother dispensed with under s.52(1)