header-logo header-logo

20 September 2007
Issue: 7289 / Categories: Case law , Law digest
printer mail-detail

FAMILY LAW

Re P (a child) (adoption order: leave to oppose making of adoption order) [2007] EWCA Civ 616, [2007] All ER (D) 334 (Jun)

The Adoption and Children Act 2002 (ACA 2002), ss 1(1) and (7), apply only to decisions under ACA 2002 and do not include coming to a decision about granting leave in any other circumstances, including decisions about granting leave in proceedings under the Children Act 1989.

An application for leave to defend adoption proceedings under ACA 2002, s 47(5) involves a two-stage process: (i) the court has to be satisfied, on the facts of the case, that there has been a change in circumstances within s 47(7), and if there has been no change in circumstances, the application must fail; (ii) if there has been a change in circumstances, the court has a discretion to permit the parents to defend the adoption proceedings. 

The decision whether or not to grant leave is governed by ACA 2002, s 1, and the paramount consideration for the court must be the child’s welfare throughout his life. When deciding either limb, the judge has a discretion whether or not to hear oral evidence.

It is not necessary for the judge to conduct a full welfare hearing unless the issues which arise for decision positively require one, or require oral evidence in one or more particular respects.

Issue: 7289 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll