An application was made for continued contact after a proposed adoption. The mother was young and had herself lost her family and taken into care when very young.
Held: Her request for permission to appeal failed. Wall LJ said: ‘I am reasonably confident that in this particular case both sides understand the other’s position. When one comes to analyse it helpfully with the latest report of the guardian, whose mind itself has swayed both ways on this issue, I am prepared to accept, from what the guardian tells me, that the prospective adopters are genuinely anxious, not only about the outcome of the proceedings but about the issues that they raise, that their attitude to contact is a perfectly reasonable one, and that this is now a case which has to be dealt with by the human beings on the ground and is not one dealt with by legal proceedings. All that, in my judgment, comes within section 10(9)(a).’ Whilst the judge’s decision might be described as terse, it was essentially correct.
Citations:
[2005] EWCA Civ 1128
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Re C (A Minor) (Adoption Order: Conditions) HL 1988
The House considered the question of conditions to be applied to any continued contact with a child after adoption. Lord Ackner said: ‘The cases rightly stress that in normal circumstances it is desirable that there should be a complete break, but . .
Cited – Re B (Minors: Contact) CA 7-Feb-1994
A Judge may deal with case on the papers and summarily or after an oral hearing at his discretion. . .
Cited – In re J (Leave to issue application for residence order) 2003
An application was made by a family member (a grandparent) to be joined as a party to care proceedings.
Held: A court should not dismiss such an application without proper inquiry. . .
Cited – In re H (Children) CA 2003
The maternal grandmother sought permission to intervene in care proceedings to put herself forward as the carer of her young grandchild. The local authority and the guardian objected to the intervention. The judge had refused it. The grandmother . .
Cited – In Re T (Minors) (Adopted Children: Contact) CA 8-Aug-1995
A half-sister had been assured that when her half-sister was adopted she would be given annual reports as to her progress. No report was provided. When she enquired and complained, she was told that the adopters had changed their minds and that it . .
Lists of cited by and citing cases may be incomplete.
Adoption
Updated: 12 December 2022; Ref: scu.230147