Contested adoption

[Adoptiondad9]

We have just found out birth family has been granted permission to oppose the adoption order. Judge has order birth mum undergoes a parenting assessment to see if she can parent our child effectively whilst also looking after her new child. This could potentially involve taking our 4 year old everyweek for 12 week so she can be assessed caring for our child! We have also been told we have to provide notes on dislike/likes etc Is this just unheard off? Our child hasn't seen birth mum in over 2 years and then they was in foster carer previously so contact was monthly.

We are beside ourselves with worry, our child has been with us for nearly 18 months now

Already had some good advice from a fellow member, but interested to see has anyone experienced anything like this.

This sounds incredibly stressful. Was this a traditional adoption process or Foster to Adopt?

I'm sorry this sounds very upsetting and unusual.
Is this a foster to adopt placement? Has bm been allowed to keep custody of her younger child?

It was straight adoption under a placement order. Bm has been allowed to keep the new child who is under a child protection plan. With that child SW against the return of my son due to negative risk to the younger child

Wow, this is very unusual. I guess your only choice is to comply with the request, and keep a diary of how contact affects your son. I would also think about getting specialist legal advice, and requesting the LA fund that for you. I'm sorry this is happening, it must be so stressful.

No personal experience but a friend had several delays to the AO as judge allowed BM to contest, she had had a baby who she was parenting but it never got close to assessing her parenting of the older children via contact, their child was similar age to yours and had no real memory of BM. Although in theory the judge could've ordered the return of children to BM and recind the placement order I got the feeling she wasn't at all worried about that as all felt it was so unlikely.

What's the reason you and LO don't already have the AO? What is the guardian saying? Like rabblenotrebel I would be seeking legal advice from Ridley and Hall.

My son’s BM also had a baby during the time we applied for the adoption order and still has the baby. However, the judge refused her contest.

It is good the SW is against the return of your child because of the impact on the little one. You should definitely speak to your SW and get legal advice - I’m pretty sure this is funded to a point when you are applying for the adoption order.

You must be worried sick. 18 months is such a long time post placement to still be getting the adoption order - was there a reason it wasn’t done sooner or is this contest being going on for a long time?

LA have agreed to fund legal representation, we have approached a few solicitors and are waiting for them to get back to us. We applied for AO back in August last year but due to delays with changes in SW and admin errors in the court it has taken this long to get to a court hearing. A court guardian was only appointed after this judgement was made, as of present we are still waiting for a guardian to assigned. So we are hoping once a guardian gets involved they tell the judge it's in my LO best interest. All seems to be waiting towards the BM and not the interest in my son. It so frustrating, we aren't sleeping over it, it's constantly on our minds.

I used to work as a children’s guardian and was involved in a similar situation where the birth mother was given permission to oppose the adoption.
My focus and the focus of the court was always the emotional impact on the child of any move from where they were now settled and loved. We had a child psychiatrist do a report which stressed that the child may not be able to replicate their current secure attachments anywhere else and the application failed.
All the current case law supports the child staying where they are.

I'm so sorry this sounds unbelievably stressful. In my experience a lot will depend on whether he was judged to have a secure attachment to her before being removed from her care, how long he has been with you, and (assuming he is verbal) what he might independently express. Having said that I know of only one case where a adoption placement has been overturned and that was a shorter one than yours so although you must be terrified it is extremely likely the courts will disrupt such a secure placement.
I'm glad you're taking legal advice.

He was a few months old when he was last in her car and hasn't seen her in over 2 years. So has no attachments, no relationship or contact and has been with us for 18 months

It's disgusting that this is even allowed.
Once a child is placed with their parents that should be the end of the ability to contest.