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adoption order - appeals

9 replies

WillItEverEnd · 30/01/2015 19:55

Hi all, have name changed as this is a fairly identifying question.
We have been slowly shuffling towards the adoption order hearing via a magistrate court. Birth mum requested "leave to appeal" and was granted a large chunk of time to pull together some information on changes to circumstances. The provisional hearing was in early Jan and it was decided that birth mum hadn't been given some information so was given further time and a second date scheduled.
Dh took the call from sw following the court hearing. He was told that court had decided in our favour - he took this to mean the AO was granted. However he was also told that BM will be appealing in a month and would be given legal support where previously she had none.
Now I'm thoroughly confused - none of this has been helped by the sw who was on a train so couldn't talk freely, and a crying baby distracting dh.
How can she lose the right to appeal, then be given an appeal date?? Can anyone advise what the process is so I can hopefully piece together where we are up to and what is happening now.
Thanks for any help!

OP posts:
Billabong21 · 30/01/2015 20:26

I have no advice, I'm sorry, the first part of your story is EXACTLY the same as ours, dates and everything. How can we get so far and then this? I've found the entire process exhausting, nerve wracking and so horrendous that I'd NEVER do it again.
Very best wishes to you. Confused

floatyjosmum · 30/01/2015 21:09

She has applied for leave and this has been rejected - she then has 28 days to appeal this as all court orders in the UK have a 28 day appeal period.

64x32x24 · 30/01/2015 23:48

Floatyjo - I'm trying to get my head around this - does that mean that WillIt's AO hasn't been granted, indeed could not be granted, before the appeal period has passed?

So BM applied for leave to appeal against the granting of an AO

  • and was refused.

So though she can't, as it stands right now, appeal against the granting of an AO, she can appeal against this decision (to refuse leave to appeal the AO)

This decision (refusing leave to appeal) will only become valid after 28 days have passed, and ergo it isn't absolutely certain that the decision (to refuse leave to appeal) will be upheld, and ergo no AO can possibly be granted... ?

If BM does formally appeal against the decision refusing her the right to appeal against the making of an AO, this will be heard within 28 days, and if the decision (to refuse leave to appeal) is upheld, only then can an AO be granted. Would the AO be granted at the same hearing (the hearing on BM's appeal against the decision not to grant her the right to appeal) or would a new date for a hearing regarding the making of an AO be needed?
floatyjosmum · 31/01/2015 03:56


As leave has been granted she can appeal this within 28 days if she doesn't then the ao should then be granted.

The appeal would be heard separately from the ao and may delay the ao if she gets the paperwork in within 28 days but it isn't heard within that period.

WillItEverEnd · 31/01/2015 07:50

Thanks - that help clarify. Is there anymore rights to appeal beyond the upcoming one or will that finally be it done??

OP posts:
Wotsitsareafterme · 31/01/2015 15:29

I don't know the answer but I need to. As o understand it there can be 3 appeals total but I'm not sure.
I assume op the la was granted a placement order? Was this appealed? Or is that what you mean?

floatyjosmum · 31/01/2015 18:28

Birth parents can apply to revocate the placement order after 12 months although they could have appealed against it when it was first granted.

once a child is placed for adoption birth parents can't contest the adoption until it is applied for by the adopters and they can't contest the placement order.

WillItEverEnd · 31/01/2015 20:37

Hi, thank you for the feedback. Yes, it's the adoption order stage we are at. The placement order was challenged originally but was finalised in court prior to us being matched to our LO.

OP posts:
floatyjosmum · 01/02/2015 08:37

Orders are valid when they are granted but just have a 28 day appeal period.

Even if birth parents don't apply for leave to contest the ao they can appeal the ao 28 days after it is made.

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