BP contesting - any advice?

[Rufus27]

Much to everyone's astonishment, when our AO went to court last week the BM (who'd given verbal consent all the way along) turned up in court with her solicitor, claiming she's made massive changes to her life and now wants her DD returned to her care. She also wants to reinstate contact in the interim.

We have had DD with us for eight months. Before that, once well enough she went from SCBU to foster care and BP only turned up for contact on a handful of occasions ever. She therefore has no relationship with her birth family.

We already have DD's full sibling hence the reason BP were so supportive of us having the second DC and we assumed the adoption would be very straight forward.

We have been absolutely thrown by this, especially as it appears BM has made genuine changes to her life since the Care Order and Placement Orders were granted (including splitting from her partner who was the more dangerous/negative influence in the relationship). The SW seem to think she will be given leave to appeal.

Just wondered if anyone has been through something similar and if you have any advice? Did you get your own legal representation? And at what point? We are utterly devastated and very frightened. Would a judge really consider separating full siblings (just over a year between them). All we keep hearing is that she (BM) has a human right to be with her DC if she can do so safely, but surely our DS has a right to continue living with his sibling? And if they are separated, how on earth do we explain that to our son? (BP have had a number of other children removed and adopted - this is the only time it has been contested).

How worrying for you. Our birth parents were supportive the whole time too and then suddenly contested. We were told that was quite common, as if a last show of “we fought to keep you” needs to be done. We were not involved in any of it. Ours wrote to contest but then never actually turned up to anything else so the whole thing was just shut down. I would imagine a court would take a dim view of a bp who decides to suddenly prove they are capable right at the last minute. She will have to prove that the changes have a) been made and b) are sustainable. Hopefully someone else will be along to advise

Oh and as she has already lost several children, the court would have to be extremely satisfied that she will be able to keep away from her partner. I doubt there is enough time for her to prove that. I know it really sounds worrying but, from what you have said, I highly doubt they will find in her favour. There just isn’t enough to prove she will be ok.

Please don’t worry too much - I know that’s easier said than done.

In order to be granted leave to appeal she will need to demonstrate clear, sustained improvements and changes to her circumstances. It would need to be enough to make another change for your child and would be very hard to argue for when contact was non existent prior to the placement and based on current timelines.

She may get leave to appeal in order to make her case. If so, you should ask your LA to support you with independent legal advice. We were given this and it was a massive help in giving us peace of mind.

Leaving a partner would be seen as a positive but wouldn’t be on its own a demonstration of change - there wouldn’t be enough time for example to show its a consistent change that wouldn’t be immediately backtracked on. The LA solicitor would also be looking at relationships history - this poor relationship may be over but if there is a history of poor decision making where relationships are concerned, that would remain a concern that hadn’t been alleviated if you see what I mean.

Basically, an adoption order has only been successful challenged in a handful of cases. All were rare circumstances that were very unique.

IANAL. I have no relevant experience. I know a few SW, spoken to adopters who've had appeals and have read a bit in this area, that's it. So take the opinions of a random stranger with the limited weight they deserve:

Your DD is staying where she is. I think I'm right in saying that there has never been a return to BM in the circumstances you describe since the current legal framework has existed. It doesn't happen.

All we keep hearing is that she (BM) has a human right to be with her DC if she can do so safely

Who has been saying the above? Why? Your daughter's rights come first, second and third in this process. If granted leave to appeal, the BM has to demonstrate, not only that they have made huge life changes, but that your daughter is better served by being removed from an existing situation of attachment and care. Previous cases have not made this judgement, even when errors have been made in the evidence for the care order (a rare event in itself).

Did you get your own legal representation? And at what point?

Are you in Englandandwales? The LA will pay for you to have legal representation if leave to appeal is granted. You aren't even there yet.

Go on the Adoption UK forums, there will be people who've been through this. If you trawl these threads you'll find some too. Get informed and don't rely solely on the info from the LA.

it appears BM has made genuine changes to her life

In the long term this is good news. I would encourage you to consider meeting BM once the AO is granted. Keep up any contact arrangements. Do keep in mind that long term change is hard and may not persist.

We have been absolutely thrown by this

I know something of how you feel. We had a very long wait for the AO with DD1 due to some SW screw ups and the possibility of appeal. Fear gnaws at you; for me it was the hardest part of the process. I wish I'd read up on the law beforehand- there was never a chance we would lose her. I think you should work on that assumption and get on with your lives.

Congratulations on your DD. In a couple of years you'll hardly remember this drama.

Thank you so much, both of you. Really useful hearing from people who’ve been there. Friends and family don’t really understand how the system works and although well intentioned, aren’t very helpful! Most of the time I am positive, but every few days I get a wobble.

How stressful for you.

Please try not to worry though. I remember our SW telling us that to contest a Placement Order, birth parents just have to prove they can be "good enough" but to contest as Adoption Order they have to prove beyond all doubt that the child will be better off with them than with the adoptive parents, and that simply won't happen. She may have made some great changes but there has not been time for her to prove she can sustain these changes. The fact you also have her sibling works in your favour too.

What a horrible situation for you.

I have two AC and I am a SW. I just wanted to add to what has already been said.

It isn't unusual for a BP to suddenly contest last minute.

If as you say BM has made changes she may well be granted leave to appeal but that doesn't mean you LO will be returned to her care. She would need to demonstrate consistent and measurable positive changes. The court will need to consider why these changes were not made within LOs timescales and the best interests of the child.
My experience tells me that it is very unlikely that she would succeed in any appeal. As a mum though I completely get your anxiety and hope it is over soon for you.

It sounds really stressful. It must be hard to keep things normal at home. I am really confused about the All we keep hearing is that she (BM) has a human right to be with her DC if she can do so safely too, because central to the UK system is what is best for the child. It is the children who have rights. I think it is recognised that all things being equal it is best to be with the bio family, but like others have said, this is very much the 11th hour and the fact that there is a sibling makes it more complicated. I hope that it all goes well

I hope you are feeling a little better today. If she is contesting (and juts because she says she is the first time doesn't mean she will submit the next lot of paperwork)) she will have to demonstrate that she has sustained those changes for around 6 months minimum to be allowed to keep baby. Lo birth mum had a baby 12 month after she was placed with us and as she has been with new partner for almost a year and was clean etc, she was allowed to keep her second child.
I think someone who has lost several children would need to prove even more!

Hi OP, this happened to us - BM fought for leave to appeal and was given an enormous amount of leeway to do so by the courts - such that from AO application to the AO being granted took 2 1/2 years. Feel free to PM me, I'm not keen to go into too much detail on the boards as our case was unusual, the vast majority of BPs don't go that far. Our case was extremely stressful but in the end sense prevailed, it's incredibly unlikely yours will go as badly as ours let alone to go as far as BM suceeding, I really do know how hard it is to believe that in the circumstances but it is true. Best of luck.

As stated above it isn't unusual. Both of our children had birth parents who objected. The second time the LA went as far as enabling us to instruct a legal team but the judge batted it out quite quickly.
They aren't contesting the adoption they are contesting the placement order. That's not against you but the grounds for placement and I'm sure you are confident of those.
For us having lost a child days before matching panel the first time it happened was terrifying. The second time we were more confident.
It is horrible having to worry about it even if you know all the thresholds have been covered by this point

Really grateful for your advice and reassurances here. It’s hard to talk irl as none of my friends has adopted and they understand little about the process. The standard thing they say is ‘well, she can’t do that’ which isn’t overly helpful!

One of the SW put the ‘human rights’ thing in my head. She said ‘well we have to accept birth parents have the human right to appeal to be with her daughter ‘ . Same SW, who appears to be close to BF, has said a few questionable things ‘off the record’ so I am grateful to you for clarifying this. Luckily we have every confidence in the other SW we are working with.

Thanks again.

To be fair birth parents DO have the human right to appeal to be with their children but their human rights are overridden by the welfare of their child if necessary which in this case seems appropriate.

Good news that you have trust in the other social worker 😊