Class notes
ulaw lec 10
- Course
- Institution
ulaw lecture 10 on adoption and its laws
[Show more]
Seller
Follow
juwariaht1
Content preview
FAMILY LAWLARGE GROUP 10
Student Guide
Adoption
Context
In this Large Group you will continue looking at the threshold criteria that the court
must consider when making a care or supervision order.
You will then consider adoption. Adoption is the severing of all legal ties with a child’s
birth parents and the acquisition of legal parenthood by the adopting parents. In this
Large Group you will learn the law on adoption.
In the 1960s most adopted children were young babies, born to single mothers who
were unable to keep them and they were adopted by childless couples. Social
change has radically altered the profile of the adopted child. The majority of adoption
cases today involve children who are in care. Although ideally children in care
should be placed within their extended family, this is not possible for many children
and the aim of recent governments has been towards an increase in adoption as the
suitable alternative for their future.
In many of these cases the parents will not be willing to consent to the adoption of
their children and you will consider how the Adoption Act 2002 provides a
mechanism for the courts to deal with these cases where the parents seek to oppose
the adoption. You will also briefly consider what happens after adoption and the
question of post-adoption contact.
Outcomes
By the end of this Large Group you should be able to:
1. Understand the threshold criteria test for care orders and how it is applied.
2. Explain the law on adoption including applications for placement and adoption
orders.
1. Care orders
1.1 The threshold criteria
s31 A court may only make a care order or supervision order if it is satisfied—
, (a) that the child concerned is suffering, or is likely to suffer, significant harm; and
(b) that the harm, or likelihood of harm, is attributable to—
(i) the care given to the child, or likely to be given to him if the order
were not made, not being what it would be reasonable to expect a
parent to give to him; or
(ii) the child's being beyond parental control.
1.1.1 Standard of proof
1.1.2 ‘is suffering’
Re M (A Minor) (Care Order: Threshold Conditions) [1994] 3 All ER 298
Childs F murdered child’s M
Rest of the children liven with M cousin
Father and Guardian wanted care order, for him to be adopted out of family
M cousin wanted to look after all children
Could make a care order, as murder of M, deprived him of motherly care
Argued against stating suffering is in present and at the time of court proceedings, the
child was not suffering
Where there has been a continuum of protective measures between
proceedings, the fact that the child is well cared for doesn’t preclude the
making of care order
House of Lords held: Moment in time before the protection is applied
Before applying for care order/ LA became involved
Emergency care order/ interim care order
1.1.3 ‘is likely to suffer’
Re H and Others (Minors) (Sexual Abuse: Standard of Proof) [1996]
AC 563
Is at risk
M has 4 girls
H was placed in foster care and 3 others for order
Charged and cleared of rape of H
Care order case was based on allegation of sexual abuse
Was at risk
Lower balance of probabilities
Rather than higher of beyond reasonable doubt
Likely = a real possibility, that can not sensibility be ignored having regard
to nature and gravity of feared harm in particular case
1.1.4 ‘attributable to’
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller juwariaht1. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.27. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67474 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now