W (A Child : No 4)

W (A Child : No 4)

The father failed to establish a prima facie case of fraud or dishonesty by Mr and Mrs A. There was no evidence that any non-disclosure or alleged dishonesty impacted the adoption order, which was not contingent on the adoptive parents remaining in the UK or on direct contact. Therefore, there was no basis to set aside the adoption order or to make a contact order.

Parties
Applicant: W's father; Respondents: Mr and Mrs A (adoptive parents); Local Authority: Brighton and Hove City Council; Subject: W (A Child); Interested Party: W's mother
Jurisdiction
England and Wales
Judgment Date
10 July 2017
Procedural Posture
Family / Post Adoption; Applications to Set Aside Adoption Order and for Post Adoption Contact Order
Outcome
Applications dismissed
Legal Topics
Setting Aside Adoption Orders, Post Adoption Contact, Fraud and Non Disclosure, Welfare of the Child
Family Law Adoption Setting Aside Adoption Orders Post Adoption Contact Fraud and Non Disclosure Welfare of the Child

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Parties

W's father

Applicant

Mr and Mrs A (adoptive parents)

Respondents

Brighton and Hove City Council

Local Authority

W (A Child)

Subject

W's mother

Interested Party

Procedural Posture

Family / Post Adoption; Applications to Set Aside Adoption Order and for Post Adoption Contact Order

Legal Issues

  1. 1 Whether the adoption order should be set aside for alleged fraud or non-disclosure by the adoptive parents
  2. 2 Whether a post-adoption contact order should be made

Ratio Decidendi

The father failed to establish a prima facie case of fraud or dishonesty by Mr and Mrs A. There was no evidence that any non-disclosure or alleged dishonesty impacted the adoption order, which was not contingent on the adoptive parents remaining in the UK or on direct contact. Therefore, there was no basis to set aside the adoption order or to make a contact order.

Court Disposition

Applications dismissed

Orders

  • Application to set aside the adoption order dismissed
  • Application for post-adoption contact order dismissed