Birth parents contesting adoption

[RoomForMore]

Evening all,

DD's court hearing should have been a few months ago, but then lockdown happened. Things are finally up and moving and we've been told that her birth parents are contesting the adoption.

Has anyone got experience of this? I feel sick to my stomach about it. We were told on the training to expect this, it's normal, and most of the time nothing changes and the kids dont get sent back.

Juat after some reassurance really. The SW has been great and is positive about the outcome. But I can't help but worry. I feel completely devastated at the thought of not having her with us

I'd love to hear anyone else's experience of this...

Have they actually been given leave to appeal by the court?

Its pointless telling you not to worry because you will. But honestly I've never heard of a case where the child was returned to the birth parents. It will be ok

It will be okay. We are adoptive parents and cases are sometimes contested but hardly ever (never)won. My cousin is a lawyer and represents birth parents who are contesting adoptions. He is a good person and does his best to represent them well, but he has NEVER won a case. It really is so rare.

Birth family contested the adoption and it never changed the outcome. It was granted after a few hearings.

Thanks so much for your responses. Logically I know nothing will happen, but until the adoption order has been granted I think I'll still be a bit nervous. Doesn't help that I'm having a hormonal few days - I just feel like crying about it every time DD gives me a cuddle

There is a hearing coming up but all we know is they are going to contest the adoption. So I suppose the judge might not let them? Or if he does then this will all drag on even longer.

A SW friend explained to me that BP are encouraged to contest because it demonstrates to the DC that they tried everything they could to keep them but the decision wasn't there's...

I don't have any experience with additions, OP, but I want to say good luck. I hope that everything works out well for you and your daughter.

They can't automatically appeal. They first have to ask for what is called leave to appeal. They have to provide evidence of change in circumstances that warrants leave being granted so it is by no means a given that they will even be given leave to appeal.
If it is granted they then have time to compile any evidence to challenge the granting of the adop order. All this manoeuvring does drag out the process but won't change the end result so try not to worry and just enjoy your little one and one day it will all be a dim and distant memory.

Thanks so much everyone. You have all made me feel a lot better. The stress of the adoption process certainly doesn't stop once you have the child! I appreciate all your comments and kind words. I'll update the thread in a few weeks

This happened to us. They filed the wrong paperwork 1 week after the deadline they were given and the judge still heard the case because that way she could show she'd listened to them.

There is a preliminary hearing during which they are allowed to present their case for being given leave to contest. They have to be able to show they have made significant, sustained and sustainable changes that mean they could parent the child. If they can demonstrate this then they will be given leave to contest which is when their case will be heard in full. Sadly for the birth family the reality is that often not enough time has passed for them to be able to prove any changes they've made are sustainable and the judge will not grant leave to contest the adoption order.

I did loads of research around this and only found a couple of cases when an adoption order wasn't granted and they were all down to mistakes made by SS.

You always need to remember that SS put forward DC for adoption as a last resort as all the evidence shows that it's best for DC to remain in the birth family whenever possible.

Hang on in there. We had the same and leave to appose was given pending Parenting assessments. If the Birth Parents turn up on the day they will get listened too and may be given more time to get the paperwork done. It was a very hard time but in the end it all worked out.

Get representation in court would be my advice, I wish we had earlier. Not to stand up for you but to let you know what actually happened. We found a lot of court dates would happen on Friday and then we got no news until Monday. This was the most stressful part of it. You will also get a better feel for what the Judge is actually doing.

The only time we could find a child going back was where the Guardian and even the Adoptive parents support it in the end.

My son came home over a year and a half ago:

• Applied for adoption order after 3 months
• my sons SW left
• new social worker assigned
• Court date pushed back due to inexperienced SW
• new social worker asignee
• Court date pushed back again as new SW wanted to get up to speed
• birth mum contests
• new court date pushed back again because intermediary has been furloughed
• new court date pushed back again cus covid

I know a thing or 2 about delays.