MR AND MRS P AGAINST LD, SW AND JD [2016] ScotSC 6 (24 August 2016)

MR AND MRS P AGAINST LD, SW AND JD [2016] ScotSC 6 (24 August 2016)

The court found that the natural mother is unable to discharge her parental responsibilities and is likely to continue to be unable to do so. Dispensing with her consent is justified. The making of an Adoption Order in favour of the petitioners will safeguard and promote the welfare of the child throughout her life. It would not be in the child's best interests to attach any contact orders with the birth family. Compulsory measures of supervision are no longer necessary.

Citation
[2016] SC GLA 56
Parties
Petitioners: Mr and Mrs P; First Respondent: LD; Second Respondent: SW; Third Party Minuter: JD
Jurisdiction
Scotland
Judgment Date
24 August 2016
Procedural Posture
Petition for Adoption Order / Judgment After Proof
Outcome
Adoption Order granted in favour of the petitioners. Consent of the natural mother dispensed with. No contact orders made. Compulsory measures of supervision terminated.
Legal Topics
Adoption, Parental Rights and Responsibilities, Child Welfare, Contact Orders
Family Law Child Law Adoption Parental Rights and Responsibilities Child Welfare Contact Orders

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Parties

Mr and Mrs P

Petitioners

LD

First Respondent

SW

Second Respondent

JD

Third Party Minuter

Procedural Posture

Petition for Adoption Order / Judgment After Proof

Legal Issues

  1. 1 Whether an Adoption Order should be granted in favour of the petitioners for child C
  2. 2 Whether the consent of the natural mother (LD) should be dispensed with
  3. 3 Whether a residence order in favour of JD (maternal grandmother) is in the child's best interests

Ratio Decidendi

The court found that the natural mother is unable to discharge her parental responsibilities and is likely to continue to be unable to do so. Dispensing with her consent is justified. The making of an Adoption Order in favour of the petitioners will safeguard and promote the welfare of the child throughout her life. It would not be in the child's best interests to attach any contact orders with the birth family. Compulsory measures of supervision are no longer necessary.

Court Disposition

Adoption Order granted in favour of the petitioners. Consent of the natural mother dispensed with. No contact orders made. Compulsory measures of supervision terminated.

Orders

  • Adoption Order in favour of Mr and Mrs P for child C
  • Consent of LD (natural mother) dispensed with under s.31(3)(c) and s.31(4) of the 2007 Act