CiteTEXT
...notice of such an application. Ever since the case of Re W (A MINOR) (ADOPTION: NON PATRIAL) [1986] 1 FLR 179, it has been practice to give notice to the Home Office where the making of an...Parental Order. For the reasons explained in RE L [2010] EWHC 3146 (FAM) that discretion is now governed by the provisions of Section 1 of the Adoption...from the male applicant and the pregnancy was 'hosted' by the first respondent, who of course has no genetic connection with the child. 3. For reasons explained by this court in RE X...
...In Re W (A Minor) (Adoption: Non-Patrial) [1986] Fam 54. 6. There is a current Practice Direction to the Family Procedure Rules 2010, namely Practice Direction 14B...1. An adoption application is listed before me today for final hearing, in the following circumstances. The essential facts are that the person to be adopted was born on...indeed and very strongly supportive of an adoption order being made. The person to be adopted is in her last term at a well-known school in England where she is achieving exceptionally well. She...
...to note the use of the word "family" in the judgment of Singer J. in In re W. (A Minor) (Adoption: Homosexual Adopter) [1998] Fam. 58 where (at p. 59) he said in relation to the...and recognised as such by the ordinary man--where the link would be strictly familial had there been a marriage, or where the link is through adoption of a minor, de jure or de facto, or where the...ordinary man--where the link would be strictly familial had there been a marriage, or where the link is through adoption of a minor, de jure or de facto, or where the link is 'step-,' or where the link is...
...this: "[I]t is interesting to note the use of the word 'family' in the judgment of Singer J In re W (a minor) (Adoption: homosexual adopter) [1998] Fam 58, 59, where he...."61. The principle set out in this passage is well established throughout much of the world: see the survey in the judgment of the Supreme Court of Canada in Re Manitoba Language Rights [1985...circumstances "the principle of legal certainty dispenses the Belgian state from re-opening legal acts or situations that antedate the delivery of the present judgment. Moreover, a similar...
...agency: see In re W (A Minor) (Adoption Agency: Wardship) [1990] Fam 156; the Secretary of State for Defence in relation to a boy soldier: see In re JS (A Minor)...Council [1982] AC 363 and re-stated in In ...Council [1982] AC 363 or In re W (A...
...some decision of a public official or a public body. Examples include: an education authority (see In re B (Infants) [1962] Ch 201 and In re D (A Minor) [1987] 1 WLR 1400); the Sec...Council [1982] AC 363 and re-stated by the House in In re W (A Minor) (Wardship: Jurisdiction) [1985] AC 791. For present purposes I can go...relation to a boy soldier (see In re JS (A Minor) (Wardship: Boy Soldier) [1990] Fam 182); and the Secretary of State for the Home Department in relation to a baby living with its mother...
...bring them within the considerations of Re W (A Minor: Adoption by Grandparents) [1981] 2FLR 161.(v) Refusing an order would prevent the chance of A having the...overbear the will of a surrogate."30. Then, in 2010, Hedley J, in the case of Re L (A Minor) [2010] EWHC 3146 (Fam) at...clearest case of abuse of public policy, as set out by Hedley J in the case of Re L. 33. Ms Gamble has very helpfully taken the court to a number of the recognition of foreign adoption...
...applicants ask me to find that the mother is unreasonably withholding her agreement to the adoption of children. The leading authorities on the test of the court should apply are Re W (An Infant) [1971] 2 AER 49...COURT OF JUSTICE IN NORTHERN IRELAND ________FAMILY DIVISION ________RE A (adoption; unreasonable...the notional reasonable parent have been expounded on many occasions: see for example Lord Wilberforce in In re D (Adoption: Parent's Consent) [1977] AC 602, 625 ('endowed with a mind...
...court should apply are Re W (An Infant) [1971] 2 AER 49, Re C (a minor) (Adoption: Parental Agreement, Contact) [1993] 2 FLR 260...: see for example Lord Wilberforce in In re D (Adoption: Parent's Consent) [1977] AC 602, 625 ('endowed with a mind and temperament capable of making reasonable decisions'). The views of...such a parent will not necessarily coincide with the judge's views as to what the child's welfare requires. As Lord Hailsham of St Marylebone LC said in In re W (An Infant) [1971] AC...
...made can be set aside "only in highly exceptional and very particular circumstances": In re W (Children), para 149. In that case, the adoption orders "were made in good faith on the evidence then available" (para 177) and t...and religious, consequences. It creates what Thorpe LJ in In re J (Adoption: Non-Patrial) [1998] 1 FLR 225, 229, referred to as "the psychological relationship of parent and child with...reminiscent of the Webster litigation: see Re Brandon Webster (A Minor) [2007] EWHC 549 (Fam...
...: The Trust asked me to find that the mother is unreasonably withholding her agreement to the adoption of children. The leading authorities on the test that the court should apply are Re W (An Infant) ...agreement to adoption? [18] As Gillen J said in Re L and O (Care Order) [2005] NI Fam 18: It is difficult to imagine any piece of legislation...requires. As Lord Hailsham of St Marylebone LC said in In Re W (An Infant) [1971] AC 682, 700: Two reasonable parents can perfectly reasonably come to opposite...
...giving consent. The leading authorities on the test that the court should apply on withholding unreasonably are Re W (An Infant) [1971] 2 AER 49, Re C (a minor) (Adoption: Parent...have been expounded on many occasions: see for example Lord Wilberforce in In re D (Adoption: Parent's Consent) [1977] AC 602, 625 ('endowed with a mind and temperament capable of...important to their welfare. Lady Hale identified the test that must be satisfied before children can be freed for adoption in Re B (a child) [2013] UKSC...
.... I do not understand that Steyn and Hoffmann LJJ (as they then were), in their elegant exegesis of the underlying rationale for this provision, in In re C (A Minor) (Adoption: Parental Agreement: Contact) ...decisions. It was this difficulty which moved Steyn and Hoffmann LJJ to say, in their joint judgment in In re C (A Minor) (Adoption: Parental Agreement: Contact) [1993] 2 FLR 260, 272: ...Ackner in In re C (A Minor) (Adoption Order: Conditions) [1989] AC 1, 17-18: 43. A subsequent shift in opinion occurred towards what is termed "openness", favouring...
...their agreement within section 16(2)(b) of the 1976 Act, particularly as interpreted in both Re W and in the judgment of Steyn and Hoffman LJJ in Re C (A Minor) (Adoption: Parental Agreement: Cont...of the judgment in Re S entitled Schedule of Main Differences between Special Guardianship Orders and Adoption which set out those differences in tabular form. 8. We would also like to...be to reduce any external attempts to upset or re-determine where his placement should be (and that his) preferred option was adoption with continued direct contact. 24...
...consent) (Gillen J unreported) I have set out developments in the law since Re W on this matter. "In Re C (a minor) (adoption): parental agreement: contact (1993) 2 FLR 260 the co...in those cases where a reasonable parent must so regard it." � ����������� In Re LF (freeing for adoption without parental consent) and Re ELF (care order and freeing for adoption without parental..., I observed the cautionary note sounded in Re H and Re W (adoption: parental agreement) (1983) 4 FLR 614 that short of amending legislation or further consideration in the House of...
...unreasonably withholding her agreement to the adoption of children. The leading authorities on the test that the court should apply are Re W (An Infant) [1971] 2 AER 49, Re C (a ...- A MOTHER (Re KL (a child): Care Order; Freeing for Adoption) ___________ Martina Connolly QC and Paula McKernan, of counsel (instructed by DLS) for...are unreasonably withholding their agreement to adoption? [18] As Gillen J said in Re L and O (Care Order) [2005] NI Fam 18: It is difficult...
...the adoption of children. The leading authorities on the test that the court should apply areRe W (An Infant)[1971] 2 AER 49,Re C (a minor) (Adoption: Parental Agreement, Contact..., has it been established by the Trust that the parents areunreasonablywithholdingtheiragreementto adoption? [7] As Gillen J (as he then was) said in Re L and O (Care Order...adoption order. The word requires in section 52(1)(b) was plainly chosen as best conveying...the essence of the Strasbourg jurisprudence (Re P (Placement Orders: Parental Consent...
...Re W (An Infant) [1971], Re C (A Minor) (Adoption: Parental Agreement, Contact) [1993] 2 Family Law Reports 260 and Dow..., the court held that a bona fide and reasonable sense of injustice may be a relevant factor affecting the mind of a reasonable parent on the question of consent. Both Re E (A Minor) (Adoption...consideration. In Re H: Re W (Adoption: Parental Agreement) [1983] FLR 614 at 616 the court stated: "Where the natural parent presented himself as someone...
...) [2010] NI Fam 23. At paragraph 6 he noted the leading authorities on the test the court should apply are Re W (An Infant), Re C (A Minor (Adoption: Parental Agreement: Contact...Hailsham of Marylebone LC in Re W: "�Such a paragon does not of course exist: she shares with the "reasonable man" the quality of being, as Lord Radcliffe once said, an "anthropomorphic conception of...welfare "throughout his childhood" when coming to a decision in relation to adoption. [19] The test was considered in some detail in the decision of Morgan LCJ in TM and RM (Freeing Order...
...] UKSC 33, [2013] 1 WLR 1911. In particular he thought that the test in Re W (Adoption: Set Aside and Leave to Oppose...or afforded little more than lip service. And they are important in setting the context against which we have to determine the specific question we have to decide in relation to Re W (Adoption: Set...turn to the issue of law in relation to Re W (Adoption: Set Aside and Leave to Oppose) [2010] EWCA Civ 1535...