Re P (a child) (adoption order: leave to oppose making of adoption order) [2007] EWCA Civ 616, [2007] All ER (D) 334 (Jun)
Judges hearing applications for leave to defend adoption proceedings under s 47(5) of the Adoption and Children Act 2002 (ACA 2002) must undertake a two stage process.
Firstly, they need to be satisfied that there has been a material change in circumstances since the placement order was made. If the court finds such a change in circumstances, the second stage is reached and the question of leave falls to be decided by the application of s 1 of ACA 2002. The paramount consideration of the court must be the child’s welfare.
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 such a hearing, or require oral evidence in one of more particular respects.
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