JALB, Re [2000] NIFam 58 (23 May 2000)

JALB, Re [2000] NIFam 58 (23 May 2000)

The statutory requirements under Article 13(2) and (3) of the Adoption (Northern Ireland) Order 1987 must be fulfilled before an order under Article 57(1) can be granted. Specifically, unless the child is placed by an adoption agency or the High Court, the child must have had her home with the applicants for the preceding 12 months, and the relevant Board or Trust must have had sufficient opportunity to observe the child with the applicants in the home environment. Whether the current arrangement at the great-aunt's home constitutes 'home' for these purposes is a question of fact to be determined on evidence.

Citation
[2000] NIFam 58
Parties
Applicant: Mr Bl; Applicant: Mrs Bl; Subject Child: JALB (J); Mother: SABt (nee B); Mother's Husband: ABt; Putative Father: JP; Great Aunt and Carer: Mrs S; Social Services Authority: North & West Belfast Social Services Trust
Jurisdiction
Northern Ireland
Judgment Date
23 May 2000
Procedural Posture
Application Under Article 57(1) of the Adoption (northern Ireland) Order 1987 / Preliminary Issue Ruling
Outcome
Preliminary ruling; no final order made. Clarification of statutory requirements for Article 57(1) application.
Legal Topics
Parental Responsibility, Foreign Adoption, Child Welfare, Jurisdictional Requirements for Adoption
Family Law Adoption Law Parental Responsibility Foreign Adoption Child Welfare Jurisdictional Requirements for Adoption

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Parties

Mr Bl

Applicant

Mrs Bl

Applicant

JALB (J)

Subject Child

SABt (nee B)

Mother

ABt

Mother's Husband

JP

Putative Father

Mrs S

Great Aunt and Carer

North & West Belfast Social Services Trust

Social Services Authority

Procedural Posture

Application Under Article 57(1) of the Adoption (northern Ireland) Order 1987 / Preliminary Issue Ruling

Legal Issues

  1. 1 What conditions must be fulfilled under Article 57(1) of the Adoption (Northern Ireland) Order 1987 before granting parental responsibility to foreign applicants?
  2. 2 Does the current living arrangement constitute the child having her home with the applicants for the required statutory period?
  3. 3 Is the current arrangement a 'home environment' for the purposes of Article 13(3)?

Ratio Decidendi

The statutory requirements under Article 13(2) and (3) of the Adoption (Northern Ireland) Order 1987 must be fulfilled before an order under Article 57(1) can be granted. Specifically, unless the child is placed by an adoption agency or the High Court, the child must have had her home with the applicants for the preceding 12 months, and the relevant Board or Trust must have had sufficient opportunity to observe the child with the applicants in the home environment. Whether the current arrangement at the great-aunt's home constitutes 'home' for these purposes is a question of fact to be determined on evidence.

Court Disposition

Preliminary ruling; no final order made. Clarification of statutory requirements for Article 57(1) application.