Re X (A Child): withdrawal of care order application

“Fairness and the welfare of X are at the centre of this case, as, indeed, was certainty for the child and the adoptive parents for the longer term. Sir James was at pains to secure these factors. The result of his decision will be further certainty for the child and security for the adopters with the care they provide.”

dbfamilylaw

Care and adoption order: appeal out of time

In Re X (A Child) (No 3) [2016] EWHC 2755 (Fam), Sir James Munby P (judgment given on 2 November 2016) was faced with a possible challenge by parents to a care and consequent adoption order. It raises three important procedural points; though first its unusual facts must be considered.

A child (‘X’) was made the subject of a care and placement order in 2013 in respect of metaphyseal fractures said to have caused by one or both parents. Both parents denied injury to their child. They applied to join in adoption proceedings, when issued; but were refused. An adoption order was made. There were no appeals by the parents against any of these orders made in respect of X. The parents were tried in the Crown Court. The case against them was dismissed on a direction by the trial judge after…

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