Post-adoption contact after Re S: sea change or ripple in the ocean? Part 2

Karen Lennon Park Square Barristers
Oliver Latham Park Square Barristers

It has already been explained in part 1 of this article (September [2025] Fam Law 1088) that Re S heralds a cultural shift. Thus far this article has identified a myriad of principles that exist to assist judges grappling with post-adoption contact orders. However changing a working culture takes time and it is this article’s contention that what is required is not only an evolution in legal principle but also a change in cultural attitudes towards post-adoption contact to ensure myth is properly transformed into reality. Re S endorses Baker LJ comments that the principle that it is only in extremely unusual cases that orders will be made against the wishes of adopters 'does not obviate the court’s responsibility to set the template for contact at the placement order stage'. It is understandable that what we have termed the extreme unusuality principle may have had a chilling effect on the trial judge and professionals many of whom may have been reluctant to date to stick their head above the parapet and either argue for or make an order. 

The full article has published in the October issue of 

Read the full article here.