WGM, Re Order Under the Adoption (Scotland) Act 1978 [2010] ScotCS CSOH_41 (25 March 2010)

WGM, Re Order Under the Adoption (Scotland) Act 1978 [2010] ScotCS CSOH_41 (25 March 2010)

The respondents' withholding of consent to the adoption was unreasonable in the circumstances, given the child's settled position, the expert evidence supporting adoption, and the paramountcy of the child's welfare. No exceptional circumstances justified imposing a condition for post-adoption contact, as the petitioners could be trusted to facilitate appropriate letterbox contact.

Citation
[2010] ScotCS CSOH_41
Parties
Petitioner: W. G. M; Petitioner: A. J. M; First Respondent: A. I. W.; Second Respondent: D. L. S.
Jurisdiction
Scotland
Judgment Date
25 March 2010
Procedural Posture
Adoption Petition / Final Judgment After Proof
Outcome
Adoption order granted; no condition for post-adoption contact imposed.
Legal Topics
Adoption, Parental Consent, Child Welfare, Post Adoption Contact
Family Law Child Law Adoption Parental Consent Child Welfare Post Adoption Contact

Case Brief

Summary, issues, holding and outcome

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Parties

W. G. M

Petitioner

A. J. M

Petitioner

A. I. W.

First Respondent

D. L. S.

Second Respondent

Procedural Posture

Adoption Petition / Final Judgment After Proof

Legal Issues

  1. 1 Whether the respondents are unreasonably withholding consent to the adoption under s.16(2)(b) of the Adoption (Scotland) Act 1978
  2. 2 Whether an adoption order should be granted in the best interests of the child
  3. 3 Whether a condition for post-adoption contact should be imposed

Ratio Decidendi

The respondents' withholding of consent to the adoption was unreasonable in the circumstances, given the child's settled position, the expert evidence supporting adoption, and the paramountcy of the child's welfare. No exceptional circumstances justified imposing a condition for post-adoption contact, as the petitioners could be trusted to facilitate appropriate letterbox contact.

Court Disposition

Adoption order granted; no condition for post-adoption contact imposed.

Orders

  • Petitioners authorised to adopt Child A
  • Child A to cease being subject to a supervision requirement