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...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...satisfied in this case. I take the liberty, however, of underlining the six week requirement for consent in Section 54(7), which parallels our adoption legislation: this will often require a second consent...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...
...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...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...sad circumstances that I have briefly described. 4. Amendments to the law made by the Adoption and Children Act 2002 clearly have the effect that a person may be adopted right up to...
...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...
...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...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...education: In re C (A Minor) (Wardship: Jurisdiction) [1991] 2 FLR 168 (independent school refusing to admit ward of court). The position must be the same in relation to the provision of...
...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 havin...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...
...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 ...Council [1982] AC 363 and re-stated in In ...Council [1982] AC 363 or In re W (...
...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...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...said in relation to the placement of the child whose adoption was in dispute: "The family in question comprises two women living together in a lesbian relationship'. He there recognises the couple as...
...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...reminiscent of the Webster litigation: see Re Brandon Webster (A Minor) [2007] EWHC 549 (Fam...re C (A Child) (Adoption: Placement Order), Practice Note [2013] EWCA Civ 431, [2013] 1 WLR...
...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...
...) [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...Wilberforce in Re D (Adoption: Parents' Consent) ("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...
...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) (.../her consent unreasonably.[36] There is a considerable volume of jurisprudence in relation to this question. In Re W (An Infant) 1971 2 All ER 49 Lord...
...: 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) ...-v-A MOTHER and A FATHER(In the Matter of Two Children: Freeing for Adoption...care with her brother. On 15th December 2020 a full Care Order again the plan being for permanence via adoption was made in relation to her. [7] Since April 2020 the children...
...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...
...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...guardianship order. He relied on the decision of the Court of Appeal in Re M (Adoption: Residence Order) [1998] 1 FLR 570 where a residence order was imposed on foster carers despite their...opinion that a reasonable parent in the position of the mother and father would not fail to ignore the advantages of adoption in AJ's case. Adopting the approach in Re F, I have come firmly to the...
...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...pursuant to Article 50 of the Children (Northern Ireland) Order 1995 for a care order; if that order is made (ii) an application that the child be freed for adoption. There are other orders, the precise...
...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) [1993] 2 FLR 260...1971 dictum of Lord 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...have been expounded on many occasions: see for example Lord Wilberforce in Re D (Adoption: Parents' Consent) (“endowed with a mind and temperament capable of making reasonable decisions...
...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...SOCIAL CARE TRUSTvA MOTHER; A FATHER(In the Matter of A Child: Freeing for Adoption... [1] This is an application by a Health and Social Care Trust ( the Trust ) for an order freeing a child ( the child ) for adoption without parental agreement. I have anonymised this...
...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) [1971] 2 AER 49, Re C (...freeing a child for adoption (see Re G (Minors) [1994] 2 FLR 301 and Re M [2014] NICA 73). [45] The approach to be...In Re W (An Infant) [1971] AC 682, 700: Two reasonable parents can perfectly reasonably come to opposite conclusions on the same set of facts without forfeiting...
...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...