Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
The suspension, during lockdown, of prison visits for children: was it lawful?
Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
View all articles

ADOPTION: Re D (Leave to Oppose Making of Adoption Order) [2013] EWCA Civ 1480

Sep 29, 2018, 18:54 PM
Slug : adoption-re-d-leave-to-oppose-making-of-adoption-order-2013-ewca-civ-1480
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 28, 2013, 03:34 AM
Article ID : 104191

(Court of Appeal, Moses, Black, Gloster LJJ, 21 November 2013)

The mother was just 16 when the child was born and lived in a series of foster placements. The majority of placements had to be terminated due to the mother's behaviour and her apparent inability to cope with boundaries. During the week before the final hearing the mother moved to live independently but at the final hearing the magistrates viewed that her ability to live independently hadn't been tested and she had not demonstrated that she could provide a stable home for the child. Care and placement orders were granted and contact between the mother and child ended.

The child was placed with prospective adopters and the mother applied for leave to oppose the making of an adoption order claiming her circumstances had changed. The judge set out the two-stage process and while he accepted the some of the mother's evidence he also noted that she had not yet taken up counselling and she had assaulted a police office while drunk. Although her position had changed it would be improbably that the change had been sufficient to enable the mother to succeed in opposing the adoption application. However, the child was no settled and attached with the prospective adopters and further delay was not in the interests of the child. The mother's application was refused. The mother appealed.

The appeal was dismissed. The judge had weighed the changes in the mother's circumstances against the context of the mother's previous immaturity and events which had happened since the placement order. He was entitled to conclude that her position had not sufficiently changed to persuade a court that it was in the child's best interests to be placed with her.


Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from