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
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
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...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles

ADOPTION: Re A; Coventry City Council v CC and A [2007] EWCA Civ 1383

Sep 29, 2018, 17:16 PM
Slug : re-a-coventry-city-council-v-cc-and-a-2007-ewca-civ-1383
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Dec 21, 2007, 10:14 AM
Article ID : 87791

(Court of Appeal; Ward, Moore-Bick and Wilson LJJ; 21 December 2007)

The foster mother sought leave to apply for an adoption order in relation to the 9 month old child, who had been placed in the foster mother's care at 6 days old. The judge refused leave, placing great emphasis on the magistrates' approval of the final care plan, notwithstanding that the guardian supported the foster mother's application.

In what might be the first decision referable to grant of leave to apply under Adoption and Children Act 2002, s 42(6), the court held that the legal principles relevant to the exercise of the discretion whether to grant leave pursuant to each of the s 42 subsections were identical, so that the principles identified in Re M and L; Warwickshire v M [2007] EWCA Civ 1084 as relevant to the grant of leave to apply for revocation of a placement order under s 42(2) could be applied. The welfare of the child was therefore a relevant, but not paramount consideration; the application's prospect of success was also a relevant consideration. The judge had been wrong to describe the magistrates as having reached a decision that the child's placement should not be with the foster mother. A care plan served to explain how a local authority would exercise the powers invested in it by a care order, but the proper forum for consideration of the identity of the optimum adopter or adopters was not the court making the care and placement orders; that issue was best ventilated in an application for an adoption order, such as the foster mother sought to make.

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