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Re A (Child: Overseas adoption)

The Times Law Reports Cited authorities 6 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date05 February 2009
Date05 February 2009
CourtCourt of Appeal (Civil Division)

Court of Appeal

Before Lord Justice Thorpe, Lord Justice Wall and Lord Justice Moore- Bick

In re A (Child: Overseas adoption)
'Home' can be overseas

In the context of an overseas adoption, a child's home with prospective adopters during the period of ten weeks immediately prior to the making of an order for parental responsibility was not required to be in the United Kingdom.

The Court of Appeal (Lord Justice Thorpe, Lord Justice Wall and Lord Justice Moore- Bick) so held in a reserved judgment on February 5, 2009, allowing the appeal of Haringey London Borough Council against the refusal by Mr Justice CharlesFLR ([2008] 2 FLR 1857) of its application for his appr oval of its proposal to arrange for a child in its care, A, to live with her parental uncle and aunt in

the United States of America on an extended visit pursuant to paragraph 19 of Schedule 2 to the Children Act 1989.

LORD JUSTICE WALL said that the word "home" in section 84(4) of the Adoption and Children Act 2002 was not geographically defined.

The phrase "child's home was with the applicant" fitted far more readily with a home outside the jurisdiction if that was where the prospective adopters' home truly was.

A policy which militated against prospective adopters coming to England and Wales, at the very least, might have...

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