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swarb.co.uk - law indexThese cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. |
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Adoption - From: 1996 To: 1996This page lists 12 cases, and was prepared on 02 April 2018. In Re H (A Minor)(Adoption Application) Times, 09 May 1996 9 May 1996 CA Adoption Test for adoption lays in the statutory considerations not on other cases. Adoption Act 1976 6 Re H (A Minor)(Adoption); CA 30-May-1996 - Gazette, 30 May 1996 In Re G (A Minor)(Adoption: Freeing Order) Times, 11 June 1996 11 Jun 1996 CA Adoption Court may not make interim care order at same time as revoking freeing order. Adoption Act 1976 20 Re G (A Minor)(Adoption: Freeing Order); CA 26-Jun-1996 - Gazette, 26 June 1996 Johansen v Norway 17383/90; (1997) 23 EHRR 33; [1996] ECHR 31 7 Aug 1996 ECHR Human Rights, Children, Adoption The court had to consider a permanent placement of a child with a view to adoption in oposition to the natural parents' wishes. Held: Particular weight should be attached to the best interests of the child, which may override those of the parent: 'These measures were particularly far-reaching in that they totally deprived the applicant of her family life with the child and were inconsistent with the aim of reuniting them. Such measures should only be applied in exceptional circumstances and could only be justified if they were motivated by an overriding requirement pertaining to the child's best interests.' European Convention on Human Rights 1 Citers [ Bailii ] - [ Bailii ] T Petitioner Times, 20 August 1996; 1997 SLT 724 20 Aug 1996 OHCS Adoption, Scotland A homosexual sought an adoption order. He intended to raise the child with his male partner. The relationship was readily described as constituting a family. But as for an heterosexual couple the existence of children was not a necessary factor for entitling the couple to qualify as a family. The couple would qualify by themselves, just as they would continue to do after the adopted child had grown up and started an independent life. There was no principle against an adoption by a male homosexual to be brought up by a male couple. Adoption (Scotland) Act 1978 1 Citers C Petitioner (Scotland) Times, 16 September 1996 16 Sep 1996 IHCS Adoption Adoption not made impossible by unlawful surrogacy payment for bearing child. Adoption (Scotland) Act 1978 G (Minors) CA Civ 710 14 Oct 1996 CA Children, Adoption The father sought contact with his children who had been taken into care, and an extension of time with respect to an order freeing them for adoption. He had a history of sexual abuse of children, and some lesser abuse of his own children, and was listed as a schedule 1 offender. A respected psychiatrist supported him, because of his devotion to the children and their close bond with him. Leave was refused. [ Bailii ] B (Minors) [1996] EWCA Civ 1045 27 Nov 1996 CA Adoption, Children The case concerned applications for care orders. Four young girls would be separated from their elder sister and their mother, who sought interim contact. The judge disagreed with the care plan proposed by the local authority. His powers were, either to allow the care order and submit them to the care plan, or to refuse the care order, and have them with a possibly inappropriate carer. The local authority had since concluded that adoption would no longer succeed. A placement with a foster family might allow renewed contact, once the issue of care order came back to court, it was for the judge to settle the issue of contact. That is what the court should consider once a placement had been found. 1 Cites [ Bailii ] In Re C and F (Minors) (Adoption); CA 28-Nov-1996 - Times, 28 November 1996 In Re L (a Minor) (Adoption: Disclosure of Information) Gazette, 29 January 1997; Times, 09 January 1997; [1996] EWCA Civ 1195 12 Dec 1996 CA Adoption, Administrative, Adoption A request was made for an order that the Registrar General should provide information from his registers and records to enable a registered charity called the Post Adoption Centre to trace the applicant's adopted daughter P, who had been made the subject of an adoption order very many years ago. Held: A clear benefit to an adopted child is needed, before any disclosure is to be made to the natural parent. The words of section 50(5) were mandatory, and disclosure should be given in only exceptional cases. Adoption Act 1976 50(5) 1 Cites [ Bailii ] In Re L (a Minor) (Adoption: Disclosure of Information) Gazette, 29 January 1997; Times, 09 January 1997; [1996] EWCA Civ 1195 12 Dec 1996 CA Adoption, Administrative, Adoption A request was made for an order that the Registrar General should provide information from his registers and records to enable a registered charity called the Post Adoption Centre to trace the applicant's adopted daughter P, who had been made the subject of an adoption order very many years ago. Held: A clear benefit to an adopted child is needed, before any disclosure is to be made to the natural parent. The words of section 50(5) were mandatory, and disclosure should be given in only exceptional cases. Adoption Act 1976 50(5) 1 Cites [ Bailii ] |
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