Judge: Mr Justice Moor
Location: The High Court of Justice (Family Division)
The case concerned an application for a father for permission to oppose the granting of an adoption order, and for a stay pending a determination by the European Court of Human Rights. As a seriously disabled child, C spent the first seven months of her life in hospital and thereafter under the care of her prospective adopters. At five years old, C has significant health problems that require a high-level of care, including cerebral palsy, autism and speech delay. She has never lived with her parents but has had regular contact with her father. Litigation from the father and the paternal grandmother for guardianship of C has been ongoing since she was born.
The appeal to oppose adoption was granted on the basis of Re B [2013] UKSC 33 and Re B-S (Children) [2013] EWC Civ 1146, which held that adoption should only be permissible if the court considers all the possible options. Previously, the court had only considered that adoption was "the best option". The court had never had the opportunity to consider Re B and Re S; therefore this was a change of circumstances pursuant to section 47(5) of the Adoption and Children Act [2002].
The father was given leave to oppose the adoption application. It was therefore accepted by the father that the need for the European Court litigation had been removed, and therefore no stay was granted.
