The Trust v KM & Ors [2016] NICty 1 (6 January 2016)

Adoption is necessary and proportionate for both children due to their unique needs, the security and stability offered by adoption, and the improbability of placement breakdown compared to long term foster care; parental consent is being withheld unreasonably.

Source-derived case information.

Citation: [2016] NICty 1
Parties: Applicant: The Trust; Respondent: KM; Respondent: NB; Child: CB; Child: LB
Jurisdiction: Northern Ireland
Judgment Date: 06 January 2016
Procedural Posture: Adoption Application / Judgment on Application to Free Children for Adoption
Outcome: Application granted; consent of respondent parents dispensed with; Freeing Order made for adoption of both children.
Legal Topics: Adoption, Parental Consent, Best Interests of the Child, Proportionality, Care Orders

Family Law Child Law Adoption Parental Consent Best Interests of the Child Proportionality Care Orders

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 5

Parties

The Trust

Applicant

Respondent

Child

Procedural Posture

Adoption Application / Judgment on Application to Free Children for Adoption

Legal Issues

1 Whether adoption is in the best interests of the children
2 Whether parental consent to adoption is being unreasonably withheld
3 Whether adoption is a proportionate measure

Ratio Decidendi

Court Disposition

Application granted; consent of respondent parents dispensed with; Freeing Order made for adoption of both children.

Orders

Freeing Order granted for adoption of CB and LB
Guardian Ad Litem discharged from proceedings

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