Family Law

(Court of Appeal; Thorpe, Dyson and Wilson LJJ; 1 November 2007)

Adoption and Children Act 2002, s 24, on giving leave to apply for revocation of a placement order, gave the court a discretion to grant leave on establishment of a change of circumstances; in exercising the discretion the welfare of the child and the prospect of success should both be weighed. The welfare of the child was not the paramount consideration, but that did not mean that it was not to be considered in exercising the discretion; the requisite analysis of the prospect of success would almost always include the requisite analysis of the welfare of the child.

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