Category: adoption

High Court judge criticises ‘unconscionable delay’ in care case, extension of statutory time limits ‘by default’ – Local Government Lawyer

Posted January 31st, 2025 in adoption, care orders, children, families, family courts, local government, news, placement orders, restraining orders by Lily

‘A High Court judge has made a care order in relation to a four-year-old girl (F), finding that her best interests will be met by an adoptive placement outside her family, while criticising the “unconscionable delay” in the case, which took almost 30 months to reach a conclusion’

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Local Government Lawyer, 31st January 2025

Source: www.localgovernmentlawyer.co.uk

Bid by father to revoke placement orders after 11-month period of alcohol abstinence fails – Local Government Lawyer

Posted January 6th, 2025 in adoption, alcohol abuse, alcoholism, child neglect, children, families, local government, news, placement orders by tracey

‘A High Court Judge has rejected an application by a father who sought to revoke placement orders made in respect of his two children, on the basis of his 11-month period of abstinence from alcohol.’

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Local Government Lawyer, 6th January 2025

Source: www.localgovernmentlawyer.co.uk

Care proceedings and recusal – Local Government Lawyer

Posted December 17th, 2024 in adoption, appeals, bias, care orders, families, family courts, judges, local government, news, recusal by tracey

‘Gary Fawcett considers two recent care cases he has dealt with recently where “recusal” has cropped up.’

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Local Government Lawyer, 17th December 2024

Source: www.localgovernmentlawyer.co.uk

KA & Anor v B [2024] EWHC 2855 (Fam) – Five Pump Court

Posted December 13th, 2024 in adoption, chambers articles, children, families, foreign jurisdictions, jurisdiction, news by sally

‘This case not only dealt with the nuances of the law of domicile in cross-border adoption, but also addressed the legal principles and applicability of Article 8 of the European Convention on Human Rights (right to private and family life), to cases of cross-border adoptions.’

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Five Pump Court, 14th November 2024

Source: www.5pumpcourt.com

Wholesale reform to adoption process is needed, says Public Law Working Group – Courts & Tribunal Judiciary

Posted November 7th, 2024 in adoption, families, news, reports by tracey

‘Wholesale reform is needed, the adoption sub-group of the Public Law Working Group has said in its report ‘Recommendations for best practice in respect of adoption’, which is published today (Thursday, 7 November).’

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Courts & Tribunal Judiciary, 7th November 224

Source: www.judiciary.uk

From two letters a year to face-to-face meetings: ‘Seismic’ changes to adoption contact – BBC News

Posted November 7th, 2024 in adoption, families, news, reports by tracey

‘Adopted children are likely to be allowed much closer contact with their birth families in the future as part of “seismic” changes recommended in a report published today. Some families say the changes are long overdue – but others worry they may deter people from adopting.’

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BBC News, 7th November 2024

Source: www.bbc.co.uk

Appeal judges reiterate that it is for the court – not local authorities or any other person – to determine in adoption cases whether there should be ongoing contact with birth family – Local Government Lawyer

Posted November 1st, 2024 in adoption, appeals, children, families, family courts, local government, news, placement orders, social services by tracey

‘The Court of Appeal has allowed a local authority’s appeal against a judge’s refusal to make placement orders in respect of two young children.’

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Local Government Lawyer, 31st October 2024

Source: www.localgovernmentlawyer.co.uk

CoA issues guidance on placement timings after local authority wrongly proceeded with ‘farewell visit’ while father’s application for permission to appeal was pending – Local Government Lawyer

Posted August 5th, 2024 in adoption, appeals, children, families, local government, news, placement orders, time limits by tracey

‘The Court of Appeal has outlined guidance on placement timings, after finding that a local authority’s decision to proceed with a farewell visit while a father’s application for permission to appeal was pending was “plainly wrong” and “contrary to the children’s interests”.’

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Local Government Lawyer, 2nd August 2024

Source: www.localgovernmentlawyer.co.uk

Two unsuccessful bites at the legal parenthood cherry – really in the child’s best interests? – Journal of Social Welfare and Family Law

Posted July 26th, 2024 in adoption, children, families, family courts, Law Commission, news, parental responsibility, statute law revision, surrogacy by sally

‘This case review considers Theis J’s judgment in Re Z (Surrogacy: Step-parent Adoption) [2024] EWFC 20, in which she refused a step-parent adoption order but made several other orders in relation to contact and the exercise of parental responsibility between the three adults involved. I posit that while the judgment probably represents the best possible outcome all round – especially the best interests of the child at its heart – it does not reflect the lived reality of most surrogacy agreements entered into in this country, or the experiences of those involved. It does, however, indicate that proposed reforms as recommended by the Law Commission of England and Wales and the Scottish Law Commission in 2023 would be welcome, especially as the intention behind them is precisely to protect against breakdowns in surrogacy arrangements such as sadly happened in this case.’

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Journal of Social Welfare and Family Law, 23rd July 2024

Source: www.tandfonline.com

One in three parents in care proceedings cases involving babies have learning disabilities or difficulties, researchers find – Local Government Lawyer

Posted June 14th, 2024 in adoption, care orders, children, families, learning difficulties, local government, news, statistics by sally

‘A study by the Nuffield Family Justice Observatory (NFJO) has found that 34% of parents who are at risk of having their babies removed from their care have learning disabilities or difficulties, which are often not identified until court.’

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Local Government Lawyer, 13th June 2024

Source: www.localgovernmentlawyer.co.uk

Letterbox contact can no longer be seen as appropriate regime for most cases, and should “certainly not be the norm”: Family President – Local Government Lawyer

Posted May 24th, 2024 in adoption, child abuse, children, constitutional law, families, family courts, judges, judiciary, local government, news, parliament, prerogative powers, royal family, victims by sally

‘The President of the Family Division, Sir Andrew McFarlane, has outlined the need for a “new approach” to post-adoption contact, noting that letterbox contact can “no longer be seen as the appropriate regime for most cases”.’

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Local Government Lawyer, 23rd May 2024

Source: www.localgovernmentlawyer.co.uk

Speech by the President of the Family Division: Adapting Adoption to the Modern World, Part Two – Courts and Tribunals Judiciary

Posted May 20th, 2024 in adoption, children, families, family courts, judges, mental health, news, speeches by tracey

‘Adapting Adoption to the Modern World: Part Two, Friday 17 May 2024 President of the Family Division The Right Honourable Sir Andrew McFarlane.’

Full speech

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Courts and Tribunals Judiciary, 17th May 2024

Source: www.judiciary.uk

Court of Appeal sets aside order that was not open to Family Court judge as matter of law – Local Government Lawyer

Posted April 3rd, 2024 in adoption, appeals, care orders, children, families, local government, news, placement orders by tracey

‘The Court of Appeal has set aside a care order made in respect of a nine-month-old baby, after concluding the judge made an order which was “not open to her in law”.’

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Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

Adoption applicant wins appeal after judge refused to allow them to attend hearing – Local Government Lawyer

Posted March 26th, 2024 in adoption, family courts, news, notification, private hearings by tracey

‘The Court of Appeal has allowed an appeal against a judge’s decision to refuse permission for prospective adopters to attend a final adoption hearing either in person or remotely, and to refuse their request for a transcript of the hearing.’

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Local Government Lawyer, 25th March 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge makes care order for teenage boy despite local authority seeking to withdraw its application – Local Government Lawyer

Posted March 15th, 2024 in adoption, care orders, children, families, local government, mental health, news by sally

‘A High Court judge has refused to allow a local authority to withdraw its application for a care order, finding that an order would be in the “best interests” of a teenage boy with complex needs.’

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Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

Case Update: Surrogacy and Step-Parent Adoption applications – Spire Barristers

Posted March 6th, 2024 in adoption, chambers articles, children, families, news, surrogacy by sally

‘This case concerned two applications made by X and Y in relation to the child, Z, aged 3. Firstly, to vary or discharge a child arrangements order (made in August 2021) and secondly, for a step-parent adoption in favour of X. Both applications were opposed by Z’s mother, G, but supported by the Local Authority and Z’s Children’s Guardian. Taryn Lee KC of Spire Barristers acted for the 3rd Respondent, the Guardian.’

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Spire Barristers, 13th February 2024

Source: www.spirebarristers.co.uk

Judge criticises regular misunderstanding of Lady Hale’s “nothing else will do” adoption comment – Local Government Lawyer

Posted February 15th, 2024 in adoption, care orders, coercive & controlling behaviour, domestic violence, news, placement orders by sally

‘It appears there is a regular misunderstanding or misapplication of the words of Lady Hale in the Supreme Court case of Re B that in relation to the test for adoption, “nothing else will do”, a Family Court judge has warned.’

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Local Government Lawyer, 14th February 2024

Source: www.localgovernmentlawyer.co.uk

Paternity leave is becoming more flexible – Local Government Lawyer

Posted February 6th, 2024 in adoption, families, news, paternity leave, regulations by tracey

‘David Leach sets out the key points for employers from new regulations affecting paternity leave.’

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Local Government Lawyer, 2nd February 2024

Source: www.localgovernmentlawyer.co.uk

Family President signals need for “radical departure” from current model of how courts consider contact with birth family after adoption – Local Government Lawyer

Posted November 23rd, 2023 in adoption, families, family courts, news, young persons by sally

‘The President of the Family Division, Sir Andrew McFarlane, has outlined a “pressing need” for courts and those who advise them to modernise the approach that is taken to supporting young, adopted persons by “enhancing the degree to which they may maintain some form of relationship with their birth family after adoption”.’

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Local Government Lawyer, 22nd November 2023

Source: www.localgovernmentlawyer.co.uk

Woman found guilty of murdering toddler she was adopting decade ago – The Independent

Posted November 10th, 2023 in adoption, causing death of children or vulnerable adults, child cruelty, children, families, murder, news by tracey

‘A woman has been found guilty of murdering a one-year-old child she was in the process of adopting.’

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The Independent, 9th November 2023

Source: www.independent.co.uk