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Court of appeal judgement about post adoption contact. parents with learning difficulties wanted direct contact with baby placed for adoption. Adopters agreed to meet parents once a year to build up trust, & would consider direct contact in future (1)
Court of appeal judgement about post adoption contact. parents with learning difficulties wanted direct contact with baby placed for adoption. Adopters agreed to meet parents once a year to build up trust, & would consider direct contact in future (1)
Court refused parents' application for s51 contact order on grounds that was neither necessary nor appropriate to interfere with adopters child focused approach - as per previous case law. (2)
Court of appeal refused parents' application agreeing about not overruling adopters. However President of Family Division Andrew McFarlane made a number of interesting comments, to begin with that considerations about contact were matters of welfare not law (3)
He said social workers, guardians and experts advising about contact should "ensure that they are fully aware of any current research and its potential impact upon the welfare issues in each particular case." (4)
He also stressed the current requirement that adequate and clear reasons are given re decisions about contact and reiterated that "Post-adoption contact is an important issue which should be given full consideration in every case". (4)
He also argues that "a placement for adoption hearing has the potential for having an important influence upon the development of any subsequent long-term contact arrangements. ...The court's order may well, therefore, set the tone for future contact...(continued)" (5)
"but the court must be plain that, as the law stands, whilst there may be justification in considering some form of direct contact, the ultimate decision as to what contact is to take place is for the adopters..." (6)
What to make of this? Clear steer towards greater use of research in decision making is useful. plus more positive about setting tone at placement order stage (may influence search for adopters?) I wonder what a court would do if adopters position not felt to be reasonable? (7)
This is my first ever thread! I've learned something new today. Thanks to @julie_doughty for altering me to this case. (8)
This is thread about court of appeal judgement re post adoption contact
