X (Revocations of Testamentary Guardianship)
The testamentary guardianship order does not offend Article 17 as it was made before Mr X became a prospective adoptive parent; consent given by Mr X and Ms W is valid under domestic law and the Hague Convention; no basis for revocation of the guardianship order.
- Parties
- Applicant: X; Respondent: W
- Jurisdiction
- England and Wales
- Judgment Date
- 22 April 2020
- Procedural Posture
- Family / Judgment
- Outcome
- Application refused
- Legal Topics
- Revocation of Testamentary Guardianship, Hague Convention Adoption, Consent to Adoption, Entrustment Under Article 17
Case Brief
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Parties
X
Applicant
W
Respondent
Procedural Posture
Family / Judgment
Legal Issues
- 1 Whether consent under Article 4 of the Hague Convention is invalidated when a guardian consents to his own adoption application
- 2 Whether the term 'entrusted to prospective adoptive parents' in Article 17 is affected by the guardian's status
Ratio Decidendi
The testamentary guardianship order does not offend Article 17 as it was made before Mr X became a prospective adoptive parent; consent given by Mr X and Ms W is valid under domestic law and the Hague Convention; no basis for revocation of the guardianship order.
Court Disposition
Application refused
Orders
- The application to revoke the testamentary guardianship order made in favour of Mr X and Ms W in 2015 is refused.
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