TMH (Freeing Without Consent) [2009] NIFam 11 (12 June 2009)

Adoption is in TMH's best interests as rehabilitation to her mother is not feasible, there is no kinship placement, and adoption offers permanence and stability. The mother is unreasonably withholding consent, and a freeing order is a necessary and proportionate response to protect TMH's welfare.

Citation: [2009] NIFam 11
Parties: Applicant: The Trust; Respondent (mother): Ms MH; Subject Child: TMH
Jurisdiction: Northern Ireland
Judgment Date: 12 June 2009
Procedural Posture: Application to Free Child for Adoption Without Parental Consent / Final Judgment
Outcome: Application to free TMH for adoption without parental consent granted.
Legal Topics: Adoption, Freeing Order, Parental Consent, Child Welfare, Care Orders, Proportionality, Post Adoption Contact

Family Law Child Law Adoption Freeing Order Parental Consent Child Welfare Care Orders Proportionality +1 more

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Parties

The Trust

Applicant

Ms MH

Respondent (mother)

TMH

Subject Child

Procedural Posture

Application to Free Child for Adoption Without Parental Consent / Final Judgment

Legal Issues

1 Whether freeing TMH for adoption without the mother's consent is justified
2 Whether the mother is unreasonably withholding consent to adoption
3 Whether adoption is in the best interests of TMH

Ratio Decidendi

Court Disposition

Application to free TMH for adoption without parental consent granted.

Orders

TMH is freed for adoption without the consent of her mother, Ms MH.
No contact order is made; post-adoption contact to be managed as per Trust's proposal.