Preliminary Sections
| Author | Nasreen Pearce/Richard Budworth |
| Pages | 1-17 |
Nasreen Pearce and Richard Budworth
Wildy, Simmonds & Hill Publishing
© Nasreen Pearce and Richard Budworth, 2020
Contains public sector information licensed under the Open Government Licence v3.0
ISBN: 9780854902859
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
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First published in 2020 by
Wildy, Simmonds & Hill Publishing
Wildy & Sons Ltd
Lincoln’s Inn Archway
Carey Street
London WC2A 2JD
www.wildy.com
Typeset by Heather Jones, North Petherton, Somerset.
Printed in Great Britain by Ashford, Unit 600, Fareham Reach, Fareham Road, Gosport, Hampshire PO13 0FW.
Contents
Preface xix Table of Cases xxi Table of Statutes xxxi Table of Statutory Instruments xxxvii Table of European and International Material xlix Table of Statutory Guidance, etc li Table of Judicial Practice Directions and Guidance liii List of Abbreviations lv
1 Introduction 1
2 Who May Adopt? 5
People who may adopt 5 A couple 5
Definition of ‘a couple’ 5
Marriage or civil partnership 5 Enduring family relationships 6 Age 7 Domicile/habitual residence 8
Domicile of origin 8 Domicile of choice 8 Habitual residence 9 Losing and acquiring habitual residence 9 Adoption by a step-parent 9
Factors to be taken into account 10 Alternatives to adoption 10 Some important factors for consideration for opting for an
adoption order 10 Sole applicant 11
Conditions that must be satisfied 11 Parent as a sole applicant 11 Adoption by relatives 12 Restrictions on making adoption order 12
vi Adoption Law: A Practical Guide
3 The Child 13
Statutory requirements 13 Age 13
Child is aged 18 or over at the final hearing 14 Presence in England and Wales 14 Home with the prospective adopter(s) 14
Time limits 14 Permission for the application to be made after a shorter period 15 Had his home with the applicant 16 Opportunities to see the child and the prospective adopter(s) at
home 17
4 Placement for Adoption and Placement Orders 19
Introduction 19 By whom and when may a child be placed for adoption? 19
Placing children with parental consent 21 Child under six weeks old 22 Consent 22
Meaning of consent 22 Advance consent for the child to be adopted 22 Consent in relation to a child less than six weeks old 23 Counselling 23 Obtaining consent 23 Consequences of consent to placement for adoption 24 Withdrawal of consent 25 Consequence of withdrawal of consent – return of the child 25 Dispensing with consent 27 Prohibition on removal from placement 27
Removal by an adoption agency 27 Return/removal of a child in an emergency 28 Removal from consensual placement under ACA 2002, s 19 28 Removal after placement order 29 Restrictions on removal in pending proceedings 30
From foster parents 30 From partners of parents 30 From non-agency placement 30 In any other case 31 Breach of restrictions on removal – recovery orders 31
When and by whom can a breach be enforced? 31 Orders the court is empowered to make 32 Procedure for application for a recovery order 32
Form of application 32 Who should be made respondents? 33 Procedure following issue of proceedings 33 Placement under a placement order 33
Grounds for applying for a placement order 33 Requirement for local authority to apply for a placement order 34
Contents vii
Material that must be considered by agency decision maker 35 Criteria that must be applied 37 Placement order application procedure 38
Overriding objective 38 Case management duties and powers 38 Venue gatekeeping and allocation 40 Transfer of proceedings to another court 41 Starting proceedings – placement order 42
The application 42 Request for dispensing with consent 42 Who should be made respondents? 42 Documents that must be filed with Form A50 43 Steps the court will take 44 Service 45 First directions hearing 45 Disclosure of confidential reports 46 Proof of the child’s identity 47 Reports by adoption agency or local...
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