In the case of Re B-S (Permission to oppose adoption order) [2013], the Court of Appeal granted the mother of two children that were placed with prospective adopters who applied for adoption orders, permission to appeal the County Court’s decision for the children to be adopted.

The mother had two children who are now aged 4 and 5 years old. The mother had the children when she was a teenager and living in circumstances which rendered her unable to provide good enough or safe parenting. The Local Authority initiated care proceedings and the children were removed from her care and were subject to care and placement for adoption orders. The children were placed with prospective adopters who made applications for adoption orders.

However, in the meantime, the mother’s circumstances changed drastically in that she left her abusive partner and married a man in the army and had a child together for whom the Local Authority had no concerns. She applied to the Court for permission to oppose the adoption of the children. At the first court hearing, the Judge refused to grant her permission to oppose and made a final adoption order but postponed the celebration event until the mother’s appeal had been dealt with.

The Court of Appeal allowed the permission to oppose the adoption orders on the grounds that the mother had proved a change in circumstances. The case established that in addition to proving a change in circumstances, the court had to determine whether granting the parent permission to oppose afforded the welfare of the children throughout their lifetimes paramount consideration.

If you have any questions about adoption or an adoption order and need some legal advice do not hesitate to contact our expert Family Team today. We have offices across Lincolnshire in Lincoln, Boston, Grantham, Sleaford, Newark and Spalding.

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