C and D, Children [2016] NIFam 3 (28 April 2016)

C and D, Children [2016] NIFam 3 (28 April 2016)

Article 20(1)(b) of the Adoption (Northern Ireland) Order 1987 must be read as subject to a reasonable time requirement, such that after 12 months from the freeing order, a parent may apply for revocation even if the child remains placed for adoption, to avoid breach of Article 8(2) ECHR. The High Court retains inherent jurisdiction to intervene where statutory provisions do not adequately protect the interests of the child.

Citation
[2016] NIFam 3
Parties
Appellant: Birth Mother; Respondent: Relevant Trust; Intervener: Department of Health, Social Services and Public Safety; Intervener: Attorney General for Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
28 April 2016
Procedural Posture
Appeal / Preliminary Issue on Jurisdiction and Statutory Interpretation
Outcome
Appeal allowed on preliminary issue; application to revoke freeing orders to proceed to merits hearing.
Legal Topics
Revocation of Freeing Orders, Interpretation of Adoption (northern Ireland) Order 1987 Article 20, Article 8 ECHR (right to Family Life), Inherent Jurisdiction of the High Court
Family Law Adoption Law Human Rights Law Revocation of Freeing Orders Interpretation of Adoption (northern Ireland) Order 1987 Article 20 Article 8 ECHR (right to Family Life) Inherent Jurisdiction of the High Court

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Parties

Birth Mother

Appellant

Relevant Trust

Respondent

Department of Health, Social Services and Public Safety

Intervener

Attorney General for Northern Ireland

Intervener

Procedural Posture

Appeal / Preliminary Issue on Jurisdiction and Statutory Interpretation

Legal Issues

  1. 1 Whether Article 20(1)(b) of the Adoption (Northern Ireland) Order 1987 creates an indefinite bar to revocation of freeing orders when a child is placed for adoption
  2. 2 Whether Article 20(1)(b) is compatible with Article 8(2) ECHR
  3. 3 Whether the High Court retains inherent jurisdiction to revoke freeing orders

Ratio Decidendi

Article 20(1)(b) of the Adoption (Northern Ireland) Order 1987 must be read as subject to a reasonable time requirement, such that after 12 months from the freeing order, a parent may apply for revocation even if the child remains placed for adoption, to avoid breach of Article 8(2) ECHR. The High Court retains inherent jurisdiction to intervene where statutory provisions do not adequately protect the interests of the child.

Court Disposition

Appeal allowed on preliminary issue; application to revoke freeing orders to proceed to merits hearing.

Orders

  • Application to revoke freeing orders will be heard on its merits.
  • Adoption applications by prospective adopters stayed pending outcome of revocation application.