Adoption has become a “runaway train” impossible for individual social workers to stop, according to an independent inquiry into adoption law in the UK. We are your community law firm. Even more unprecedented is seemingly that the G’s counsel, who is very experienced and well-regarded, apparently makes a submission early on that the judge is biased and has pre-determined the outcome. It examines issues of policy and practice including such matters as attachment, separation and assessment and the role of the guardian ad litem. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location. This can cause issues lat… She started paying child support again at this time (do not let that worry you, judges see through that). Ultimately the judge has taken the easy option of blaming the professionals instead. With this mindset, finding the right adoption attorney who is comfortable with litigation is the most important step in winning a contested adoption case. I have just appealed an adoption order, and been granted leave to appeal. the Appellate Division concluded: 1.5 years ago. In Matter of Adoption of J.E.V. Most often, the contested adoption occurs after the child has been placed with the adoptive parents. Publisher: Sage . It is unheard of for the adoption order to be refused and for the child to be returned to the care of the parents whose parenting had been the source of concern in the first place. Embryo adoption is not a commonly used term in the UK. As a judgement there is no analysis or balancing of the competing arguments, which ought to be a prelude to making criticisms, rather it seems to be a rant by Dame Alison against the LA and G. It seems to dismiss them stridently as either malicious or incompetent, but it it not clear what their argument actually is. The specifics of the case, the involvement of the birth parents, the specific laws protecting the adoptive parents and the birth parents, and the legitimacy of the contesting individual as a parent are all factors that will be considered by the court when determining the best and most legally sound option for the child. By the time of the hearing the child had been with his adoptive family for over a year. The rarity of return will be little comfort to adoptive parents who are ready to invest so much into a child that they will love as much as any biological parent. But perhaps I will wave this about next time. If you contest a formal statement, a claim, a…. However I think the decision to remove the child from the adoptive parents is wholly wrong. For relentless “case-building”, and insistence on reliance on a position and evidence that had been undermined by the successful appeal against the orders made. It does not place children for adoption or match birth parents and adoptive parents. The issue (condensed greatly) had been the risk arising from the mother’s fluctuating mental health and the father’s ability to prioritise the needs of the children for protection in that regard over his relationship with the mother. Interestingly, there was no discussion in the judgment of the article 8 rights of the child and adoptive parents in respect of the family life that had undoubtedly been established in the period since placement – but it may well be that such an approach would have taken the court little further forward in deciding the matter given the opposing rights to family life with (and of) both parents and full siblings. The awful, difficult issue the judge had to decide is aptly set out in this passage of the judgment : She goes on to set out the risks associated with either course of action. It is expected to be heard in August. Biological father in our lives 1 1/2 years from the time child was born. I am confident that I will win at the hearing, but am concerned that the judge will deem it detrimental to my daughter’s mental health [edited] to uproot her again. Constructive co-ranting welcome. Please seek legal advice. She had 90 days to respond (I think it was 90) and contested the adoption in like, the last possible week. What drove this in each case??? Thanks Lucy. Read more. It gets worse. All in all a bit of a disaster for the family. The father sought permission to oppose the adoption application, which was granted (on appeal). This may lead to the biological father not finding out about the adoption until later in the process and increasing the chance of a contested adoption. 9 am - 5 pm M - FAfter 5 pm by Appt11 am - 3pm Sat by Appt11 am - 2 pm Sun by Appt. I see the case is being appealed , perhaps the judgement does not show the whole picture. However, this may cause the birth mother to back away from the adoption process. Contested Adoption A review Funded by the Department of Education, this project was developed in association with the Andrew and Virginia Rudd Centre for Adoption Research and Practice and was undertaken in collaboration with a co-investigator at the University of Lancaster. They have bBoth [the LA and Guardian] had a right old pasting, and one can only speculate about the possible bases of appeal. Contested adoption – Return of a child to parents. But in October the Appellate Division of the Superior Court declared those days at an end. Please do not reproduce without permission. Does this mean that it is not entirely certain whether W will be returned to the care of her father? The less evidence the father has of his willingness and ability to be the childâs legal parent the less likely the adoption will be successfully contested. I would guess that it might be the adopters appealing. 5 moves and not yet reached her 3rd birthday. Broadly, this is the culmination I think of a trend for rigour that was kick-started by Re B and B-S back in 2013, but hitherto those effects have been most often seen in the form of refusals of applications for placement orders (and a reduction in the numbers sought), and of an increase in grants of permission to oppose adoption applications and of revocations of placement applications. I would call adoption uk and or demand an emergency meeting with your and children SW's so they can explain the situation in full and discuss legal precedent with you to put your mind at rest as much as possible.