X (Revocations of Testamentary Guardianship) [2020] EWFC 33 (22 April 2020)

X (Revocations of Testamentary Guardianship) [2020] EWFC 33 (22 April 2020)

The testamentary guardianship order made in 2015 did not offend Article 17 of the Hague Convention because it was not made when Mr X was a prospective adoptive parent; adoption was not contemplated at that time. Mr X's consent to the adoption is valid under domestic law and the Convention, and the safeguards of the Convention are met. There is no basis to revoke the guardianship order; both Mr X and Ms W will retain parental responsibility until any adoption order is made.

Citation
[2020] EWFC 33
Parties
Applicant: X; Respondent: W
Jurisdiction
England and Wales
Judgment Date
22 April 2020
Procedural Posture
Family Law Adoption/guardianship / Application to Revoke Testamentary Guardianship Order Prior to Hague Convention Adoption
Outcome
Application refused
Legal Topics
Adoption, Guardianship, Hague Convention 1993, Testamentary Guardianship, Parental Responsibility
Family Law International Law Adoption Guardianship Hague Convention 1993 Testamentary Guardianship Parental Responsibility

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Parties

X

Applicant

W

Respondent

Procedural Posture

Family Law Adoption/guardianship / Application to Revoke Testamentary Guardianship Order Prior to Hague Convention Adoption

Legal Issues

  1. 1 Whether consent under Article 4 of the 1993 Hague Convention is invalidated if a testamentary guardian is also the prospective adoptive parent and consents to their own adoption application
  2. 2 Whether the term 'entrusted to prospective adoptive parents' in Article 17 is affected by the testamentary guardianship status of the prospective adopter

Ratio Decidendi

The testamentary guardianship order made in 2015 did not offend Article 17 of the Hague Convention because it was not made when Mr X was a prospective adoptive parent; adoption was not contemplated at that time. Mr X's consent to the adoption is valid under domestic law and the Convention, and the safeguards of the Convention are met. There is no basis to revoke the guardianship order; both Mr X and Ms W will retain parental responsibility until any adoption order is made.

Court Disposition

Application refused

Orders

  • Refusal to revoke the testamentary guardianship order made in favour of Mr X and Ms W in 2015.