Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'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...
Spotlight
Latest articles
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles
Authors

Re W (A Child) (No 3) [2017] EWHC 1032 (Fam)

Sep 29, 2018, 19:53 PM
Public law children – Adoption – Appeal from adoption order – Date of order
The President clarified the date of an adoption order in circumstances where an appeal was being pursued in the Court of Appeal.
Slug : re-w-a-child-no-3-2017-ewhc-1032-fam
Meta Title : Re W (A Child) (No 3) [2017] EWHC 1032 (Fam)
Meta Keywords : Public law children – Adoption – Appeal from adoption order – Date of order
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : May 15, 2017, 10:13 AM
Article ID : 114123

(Family Division, Sir James Munby, the President of the Family Division, 5 May 2017)

Public law children – Adoption – Appeal from adoption order – Date of order

The President clarified the date of an adoption order in circumstances where an appeal was being pursued in the Court of Appeal.

At the conclusion of care proceedings the parents’ consent was dispensed with and an adoption order was granted. The father’s subsequent applications for a leap-frog appeal to the Supreme Court of permission to appeal to the Court of Appeal were refused: Re  W (A Child) (No 2) [2017] EWHC 917 (Fam). However, the father was granted a stay for 21 days while he renewed his application for permission to appeal to the Court of Appeal.

It fell to be determined whether the adoption order should be dated as when it was first made at the conclusion of the care proceedings or whether it should be treated as not having been made until the determination of the Court of Appeal proceedings.

The President held that the date should be that of the original adoption order. If the father’s appeal was successful the adoption order would be set aside. However, it he was unsuccessful it was right that the adoption and the inherent change of status should take effect from the date of the judgment, not from some uncertain date in the future. Such a decision would create no prejudice for anyone since the stay prevented any action being taken in pursuance of the adoption order.


This judgment was delivered in private. The judge has given leave for the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their families must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.

Case Nos: omitted
Neutral Citation Number: [2017] EWHC 1032 (Fam)
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION

Royal Courts of Justice
Strand, London, WC2A 2LL


Date: 5 May 2017

Before:


SIR JAMES MUNBY PRESIDENT OF THE FAMILY DIVISION


- - - - - - - - - - - - - - - - - - - - -


In the matter of W (A Child) (No 3)


- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -


No hearing : matter dealt with on paper


- - - - - - - - - - - - - - - - - - - - -


Judgment

Re W (A Child)(No 3) [2017] EWHC 1032 (Fam).rtf
For comprehensive, judicially approved coverage of every important Family Division, Court of Appeal, Supreme Court and European courts case, subscribe to Family Law Reports.

Subscribers can log in here.

Find out more or request a free 1-week trial of the Family Law Reports.
Categories :
  • Judgments
  • Public Law Children
Tags :
FLR_cover
Provider :
Product Bucket : Family
Recommend These Products
Related Articles
Load more comments
Comment by from