|[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]|
England and Wales High Court (Family Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Family Division) Decisions >> ECC (The Local Authority) v SM (A Child) & Ors  EWHC 1694 (Fam) (14 July 2010)
Cite as:  PTSR 789,  EWHC 1694 (Fam),  2 WLR 1264,  Fam 110,  1 Fam 110,  1 FLR 234
[New search] [Context] [View without highlighting] [Printable RTF version] [Buy ICLR report:  PTSR 789] [Buy ICLR report:  2 WLR 1264] [Buy ICLR report:  1 Fam 110] [Buy ICLR report:  Fam 110] [Help]
Strand, London, WC2A 2LL
B e f o r e :
| E.C.C. (The Local Authority)
|- and -
|SM (a child) (By her Guardian)
- and -
- and -
- and -
Lloyd North as Solicitor Advocate (from Sparling, Benham and Brough Solicitors) for the 1st Respondent
Deirdre Fottrell (instructed by Mr. N Priestley from Ridley and Hall Solicitors) for the 4th Respondent
Hearing dates: 28th June 2010
Crown Copyright ©
"(1) A child who -
…(b) is habitually resident in the United Kingdom, must not be removed from the United Kingdom to a place outside the British Islands for the purposes of adoption unless the condition in subsection (2) is met.
(2) The condition is that -
(a) The prospective adoptors have parental responsibility for the child by virtue of an order under Section 84, or …"
It is the case that once the child is placed with the prospective adoptors they will indeed have parental responsibility for her but it will be conferred by virtue of Section 25(3) and not Section 84. Breach of Section 85 is made a criminal offence and, if what is contemplated here is a breach of Section 85, then clearly it cannot be done.