Kate And William (Reduction of Post Adoption Contact) [2017] NIFam 13 (29 September 2017)

Kate And William (Reduction of Post Adoption Contact) [2017] NIFam 13 (29 September 2017)

Leave to apply for a contact order is granted due to concerns about the process and premature reduction of contact, but the original level of direct contact was excessive given the history of neglect and is not restored; indirect contact is restored to twice per annum.

Citation
[2017] NIFam 13
Parties
Appellant: Mrs X; Appellant: Mr X; Child: Kate; Child: William; Respondent: Relevant Trust; Respondent: Adoptive Parents
Jurisdiction
Northern Ireland
Judgment Date
29 September 2017
Procedural Posture
Family Law Appeal / Appeal From Family Care Centre to High Court
Outcome
Appeal allowed in part
Legal Topics
Post Adoption Contact, Care Orders, Adoption Orders, Contact Agreements
Family Law Child Law Post Adoption Contact Care Orders Adoption Orders Contact Agreements

Case Brief

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Parties

Mrs X

Appellant

Mr X

Appellant

Kate

Child

William

Child

Relevant Trust

Respondent

Adoptive Parents

Respondent

Procedural Posture

Family Law Appeal / Appeal From Family Care Centre to High Court

Legal Issues

  1. 1 Whether leave should be granted to birth parents to apply for a contact order post-adoption
  2. 2 Whether direct and indirect contact should be restored to the level agreed in the original care plan

Ratio Decidendi

Leave to apply for a contact order is granted due to concerns about the process and premature reduction of contact, but the original level of direct contact was excessive given the history of neglect and is not restored; indirect contact is restored to twice per annum.

Court Disposition

Appeal allowed in part

Orders

  • Leave to apply for contact is granted to Mr and Mrs X.
  • Indirect contact restored to twice per annum (no formal order necessary).