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07 July 2011
Issue: 7473 / Categories: Case law , Law reports , In Court
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Adoption—Interim order—Injunction

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Re B (children) (adoption) [2011] EWCA Civ 729, [2011] All ER (D) 159 (Jun)

Court of Appeal, Civil Division, Lord Neuberger MR, Lord Wilson and Dame Janet Smith, 22 Jun 2011

When short-term foster parents suddenly give notice of intention to adopt their foster child and thus wish to prevent the local authority’s imminent removal of him from their home into the home of prospective adopters pursuant to a placement order, a county court judge has jurisdiction to make an injunction against the local authority’s removal. Further, a child was “placed” for adoption only when he begins to live with the adoptive parents.

Frances Judd QC and Mark Higgins for the local authority. Alistair MacDonald QC and Theresa McCormack for the foster parents. Elizabeth McGrath for the mother. The father did not appear and was not represented. Robin Lewis for the children, by their guardian.

Two questions were before the court: (a) When short-term foster parents suddenly gave notice of intention to adopt their foster child and thus wished to prevent

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