The question in this case is whether it is consistent with Convention rights as defined in s.1(1) of the Human Rights Act 1998 for a couple to be excluded from consideration as adoptive parents of a child on the ground only that they are not married. The woman is the natural mother of the child. The man is not the father but he and the woman have been living together for some years and treat the child as a member of the family. The legal obstacle to their adoption application is art. 14 of t ...
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A father's application for the summary return of a child to Australia from England was refused. The court held that the father had acquiesced to the removal of the child and whilst this acquiescence had been conditional it was still valid and effective.
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An appeal of a father against adoption orders made in respect of his youngest children was dismissed. The court held that it had been open to the judge to make these orders notwithstanding the judge's request at an earlier hearing that the LA reconsider it's position and file care plans for long term foster care. In the interim the position of the guardian and of a psychologist had changed.
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A mother's appeal against the refusal of a judge to grant her leave to remove her children to Sweden was allowed. It was held that the judge had failed to give weight to the clear wishes and feelings of the children and had erred in his assessment of the financial issues within the case.
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The court considered the proper test for dispensing with parental consent to adoption. It was held that a local authority could be 'satisfied that the child ought to be placed for adoption' within the meaning of s.22(1) (d) of the 2002 Act even though it was aware that a search for adoptive parents might prove unsuccessful. It was therefore stated that there was no objection in principle to parallel planning.
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The CA allowed a father's appeal against a judge's finding during contact proceedings that he had administered a harmful does of medication to the mother with the intention of causing her serious harm. A re-trial was ordered.
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A grandfather's appeal against the refusal by a judge of permission to amend the care plan in respect of his grandchild was allowed. It was held that the judge's finding that the grandfather represented a risk of disruption the child's placement was an impermissible finding on the evidence.
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A mother's appeal against the refusal of a judge to grant her permission to apply for the revocation of a placement order was allowed. the CA held that she had a n arguable case as it was an insufficient foundation for a placement order that the long term aim of the court was for a child to be adopted.
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The CA allowed the appeal of a children's guardian, supported by the mother in private law proceedings against an order providing for indirect contact between children and their father (who had been found to have assaulted the mother) and granting leave to the guardian to arrange supervised contact. The order was set aside and a family assistance order in respect of the mother and children and a s.91(14) order in respect of the father substituted.
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The CA dismissed a mother's appeal in person against care and placement orders in respect of public law proceedings in which she had been represented by the Official Solicitor. It was held that the Official Solicitor had been lawfully appointed as litigation friend of the mother, who lacked capacity, and that he had acted as a litigation friend should act, and could not properly have advanced an unarguable case on the mother's behalf.
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