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care order vs adoption order - priority?(8 Posts)
I look after a youngster who was part of a large blended family.
When they were formally taken into care, the court ordered that certain "siblings" should see each other face to face, annually. Two of the "siblings" have been adopted. My youngster sees one of the two siblings a couple of times a year and exchanges birthday and Christmas greetings. Meetings last a couple of hours. This is enough for everyone, and is working well, both children have a strong sense of love and identity from this limited contact.
We are not allowed to contact the second sibling, although we have been given permission to do annual letterbox contact moving forward.
So my question is really to understand where the priority lies - with the order placed by the original judge in the care proceedings (ie face to face contact) or with the order handed down at adoption, which as far as we know has no contact arrangement, where we had no input into the decision.
My youngster would very much like to see sibling, ensure they are safe and loved etc. My youngster was effectively a parent to the adopted sibling in early years and so has much invested emotionally. Social services seem to take the view that the adopter's views are the only views that matter. Where does my youngster stand - youngster is teenager, so knows own mind.
I’m sure others will come along with legal know-how, I didn’t want to read and run. I’m pretty sure the adoption order takes prescedence and even that can later be altered by the adopters if the feel it’s not in their child’s best interest. So sorry for your youngster.
thank you. Its not fair to either of them, I think, to have told my youngster they can see sibling, and then to say that they cant - especially as the sibling is an older adoptee and will remember family very well.
I'm debating going through Coram, to establish whether the needs of my youngster were even mentioned to the adoption order judge - and if not, why not. I feel somewhat aggrieved that my youngster was not advised of rights, and that their rights were overruled by parents who do not know youngster or fully understand the bond between them.
The adoption Order has precedence.
What it is with adoptions is that it often very hard to get adopters to agree with continued face to face contact with members of the birth family. The majority just tolerate it, they dont really want it.
When the adopted child is 18 they can see their records and contact whoever they want from their birth family.
I know it tough for your child but they have no rights regarding seeing their adopted sibling.
I know it tough for your child but they have no rights regarding seeing their adopted sibling
It is, however, possible for them to apply for contact under the Adoption and Children Act 2002 S51A. They would first have to apply for leave to apply for contact. The hurdles to get over to get leave and then to get contact are pretty high. If your child wants to consider this you should get proper legal advice.
Looking at the problem itself rather than the legal standpoint. When you say We are not allowed to contact the second sibling, although we have been given permission to do annual letterbox contact moving forward who has said this? it is quite plausible that the adopters have no knowledge that you wish to have face to face contact, SS are not always great at acting as intermediaries, however if the child you look after has contact with birth parents the adopters could well be concerned about their own identity being inadvertently disclosed to them.
I personally think it a scandal that families are kept apart in this way and fu ture generation will see it as very cruel.
Red totally agree with you. OP, I do hope there is some way round it, thank goodness he/she has you for support
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