N (Children: Revocation of Placement Orders), Re
[2023] EWCA Civ 1352
Frank, Re
17 October 2023
[2023] EWFC 239 (B)
Family Court
A mother tried to stop her child's adoption, but the judge said no because the child is happy with his new family, and letting the adoption go ahead would be best for the child's wellbeing. The mother's sister also tried to take care of the child, but it wasn't a good idea because the family still causes problems.
Key Facts
- •Frank, born September 23, 2020, was subject to care proceedings due to his mother's substance misuse and mental health issues.
- •Care and Placement Orders were made on March 16, 2022, placing Frank with prospective adopters.
- •The prospective adopters applied for adoption in January 2023.
- •Frank's mother, Helen, applied for leave to oppose the adoption, citing improved mental health and her sister Linda's suitability as an alternative carer.
- •Helen did not attend the hearing and her legal representation lacked recent instructions.
- •Three assessments of Linda's suitability as a carer were conducted during the care proceedings, concluding she couldn't sufficiently protect Frank.
- •The prospective adopters are a same-sex couple.
Legal Principles
In adoption cases, the paramount consideration is the child's welfare throughout their life.
Adoption and Children Act 2002, section 1
Leave to oppose an adoption order can only be granted if there's been a material change of circumstances since the placement order.
Adoption and Children Act 2002, section 47(5), (7)
The court must consider the welfare checklist in section 1(4) of the 2002 Act when deciding whether to grant leave to oppose.
Adoption and Children Act 2002, section 1(4)
A change of circumstances must be material and of sufficient nature and degree to justify considering the court's discretion to grant leave.
Re P (Adoption: Leave Provisions) [2007] EWCA Civ 616
The court must consider the parent's prospects of success if given leave to oppose; if prospects are fanciful, leave will be refused.
Re W (A Child); Re H (A Child) [2013] EWCA Civ 1177
Placement with a same-sex couple does not, in itself, constitute a change of circumstances.
Re J and S (Care Proceedings: Appeal) [2014] EWFC 4
Outcomes
Helen's application for leave to oppose the adoption order was dismissed.
No material change of circumstances was established. Even if a change existed, granting leave would not be in Frank's best interests given his age and need for stability.