LC & Anor v McK [2014] NIFam 12 (5 November 2014)

LC & Anor v McK [2014] NIFam 12 (5 November 2014)

Adoption by the maternal grandparents was not shown to be in the best interests of the children, nor was the respondent's withholding of consent unreasonable; the interference with Article 8 rights would not be proportionate given the absence of evidence of instability or conflict under the current arrangements.

Source-derived case information.

Citation
[2014] NIFam 12
Parties
Appellant: LC; Appellant: RC; Respondent: B McK; Intervener: Southern Health and Social Care Trust; Intervener: Guardian ad Litem
Jurisdiction
Northern Ireland
Judgment Date
05 November 2014
Procedural Posture
Family Law Appeal / Appeal From Craigavon Family Care Centre
Outcome
appeal dismissed
Legal Topics
Adoption, Parental Responsibility, Article 8 ECHR, Kinship Care, Proportionality, Consent to Adoption
Family Law Adoption Parental Responsibility Article 8 ECHR Kinship Care Proportionality Consent to Adoption

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Summary, issues, holding and outcome

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Parties

LC

Appellant

RC

Appellant

B McK

Respondent

Southern Health and Social Care Trust

Intervener

Guardian ad Litem

Intervener

Procedural Posture

Family Law Appeal / Appeal From Craigavon Family Care Centre

Legal Issues

  1. 1 Whether adoption by maternal grandparents is in the best interests of the children
  2. 2 Whether respondent father is unreasonably withholding consent to adoption
  3. 3 Whether adoption is a proportionate interference with Article 8 rights

Ratio Decidendi

Adoption by the maternal grandparents was not shown to be in the best interests of the children, nor was the respondent's withholding of consent unreasonable; the interference with Article 8 rights would not be proportionate given the absence of evidence of instability or conflict under the current arrangements.

Court Disposition

appeal dismissed

Orders

  • Appellants' application for adoption order refused
  • Respondent's parental responsibility and contact arrangements remain intact