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Adoption

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right to appeal in pertitioned adoption order

4 replies

prumarth · 11/08/2014 11:22

Can someone help me with this? I understand the birth family can ask to appeal the adoption order once we have petitioned the courts - something I'm certain will happen in our case. Our child's SW told me not to worry and that there would need to be significant improvement in BMs life - does this therefore mean a judge COULD give my son back to his birth family even after all this time? Who decides what significant change looks like? Has this ever happened?? Presumably the fact it's available to the birth family means it could or has happened?
I can't stop worrying about this. Can anyone give me advice on this and how / when the appeals have been successfull?

OP posts:
Lilka · 11/08/2014 13:36

What they will be able to do once the paperwork is filed, is to ask permission to appeal the making of an adoption order. They can't automatically appeal the making of the order, they have to go through an extra bit first. And indeed, the vast vast majority of appeals fall down at this stage - the Judge does not grant permission for the birth family to appeal the making of the order. The remainder fall down at the next stage, however many court dates there are.

The law does theoretically allow for a child to be returned to their birth parents at this point (by succeeding in getting permission to appeal, then successfully appealing, appealing the placement order, then the care orders) because it has to give everyone the right to appeal. However just because the possibility exists, doesn't mean it ever happens. To the best of my knowledge, no child (who wasn't relinquished) has been returned to their birth parents at this point (by the birth parents starting at the point of asking permission to appeal the making of an adoption order). I can think of a case of a (removed) child being returned after being placed for adoption, but the legal situation was very different.

The judge decides what significant change looks like, after hearing the birth families evidence, the judge decides whether or not it's good enough.

I do understand that it's really worrying, and so many people worry about it. But truly, it's not something to worry about xx Have your childs birth parents made major life changes? It's very uncommon. And even if they have, the court has to take into account the childs best interests - they have to weigh up the damage they could cause by removing a child from their adoptive family, and a court will be very reluctant to do that to a child at this stage, unless in exceptional circumstances.

Hope that is helpful, please ask if I'm not making sense. I know 'not worrying' is much easier said than done, but the majority of birth parents ask permission to appeal at this stage and none have succeeded to the best of my knowledge, and that speaks for itself.

prumarth · 11/08/2014 14:29

Thanks Lilka, I appreciate the really comprehensive answer. I think there have been changes with birth mum, but at this stage it's her word versus any hard evidence to prove the changes if you see what I mean.
I guess I just need to keep my fears in check and push on to the next stages of our journey.

Hope you had a lovely holiday by the way!

OP posts:
Lilka · 11/08/2014 19:36

A judge needs some evidence! I think you're right - push on and don't dwell on 'what if's' - I truly believe you'll be absolutely fine

We had a great time overall, thank you! We had plenty of really good days and no days that were bad enough to cause major problems, so it was a real success Smile I definitely needed a change of scenery for a bit too, that's helped me Smile We miss the very hot weather already!

OurMiracle1106 · 12/08/2014 12:29

I am a birth mum and though didn't ask for leave would have had grounds to do so. I had been through almost a year of counselling to get better I have somewhere permanent to live and I am much better than I was. However my question to myself was could I give my son MORE than they could? It was through tears I said to the judge I backed the adopters but I did it. I cried through the two hour journey home and got in and cried myself to sleep but I know I did what was right for my son

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