ZH v Mr and Mrs H and A Health and Social Care Trust [2016] NIFam 6 (05 September 2016)

ZH v Mr and Mrs H and A Health and Social Care Trust [2016] NIFam 6 (05 September 2016)

Leave to apply for a post-adoption contact order is refused because the applicant's improved circumstances and the existence of a half-sibling do not outweigh the risk of disruption to the children's settled placement, especially given the adherence to existing contact arrangements, the early stage post-adoption, and the lack of any breach by the adopters. The application is premature and does not meet the threshold for leave under Article 10(9).

Citation
[2016] NIFam 6
Parties
Applicant: ZH; Respondents: Mr and Mrs H; Notice Party: A Health and Social Care Trust
Jurisdiction
Northern Ireland
Judgment Date
05 September 2016
Procedural Posture
Application for Leave to Apply for Post Adoption Contact Order / Leave to Apply for Contact Order Under Article 8 of the Children (northern Ireland) Order 1995
Outcome
Leave refused; application dismissed.
Legal Topics
Post Adoption Contact, Leave to Apply for Contact Order, Article 8 ECHR Rights, Sibling Contact, Parental Responsibility After Adoption
Family Law Adoption Law Post Adoption Contact Leave to Apply for Contact Order Article 8 ECHR Rights Sibling Contact Parental Responsibility After Adoption

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Parties

ZH

Applicant

Mr and Mrs H

Respondents

A Health and Social Care Trust

Notice Party

Procedural Posture

Application for Leave to Apply for Post Adoption Contact Order / Leave to Apply for Contact Order Under Article 8 of the Children (northern Ireland) Order 1995

Legal Issues

  1. 1 Whether leave should be granted to a birth parent to apply for a post-adoption contact order under Article 8 of the Children (Northern Ireland) Order 1995
  2. 2 Whether the applicant's improved circumstances and the existence of a half-sibling justify leave
  3. 3 Whether granting leave would risk disrupting the children's settled placement

Ratio Decidendi

Leave to apply for a post-adoption contact order is refused because the applicant's improved circumstances and the existence of a half-sibling do not outweigh the risk of disruption to the children's settled placement, especially given the adherence to existing contact arrangements, the early stage post-adoption, and the lack of any breach by the adopters. The application is premature and does not meet the threshold for leave under Article 10(9).

Court Disposition

Leave refused; application dismissed.