Child Law Update

Leave to defend adoption proceedings

Re P (a child) (adoption order: leave to oppose making of adoption order) [2007] EWCA Civ 616, [2007] All ER (D) 334 (Jun)

The parents had a volatile relationship punctuated by serious incidents of violence inflicted by the father against the mother. The local authority commenced care proceedings and the child was removed from the parents’ care under an emergency protection order. A care order was made by Judge Corrie on 8 May 2006 following a fully contested substantive hearing.
The care plan was for adoption and a placement order was made on 28 June 2006. This was opposed by the parents and in making the order their consent was dispensed with. The child was placed with the applicants on 7 July 2006 and adoption proceedings are to be heard in August of this year.
The parents applied for leave to defend the adoption proceedings, submitting that they had addressed the deficiencies in their lives and parenting. It was asserted that there had been “a change in circumstances” within