Jade Herring
Mind Map by , created over 6 years ago

Family Law Mind Map on Adoption, created by Jade Herring on 04/16/2013.

Jade Herring
Created by Jade Herring over 6 years ago
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1 Defined in S46(1) ADOPTION AND CHILDREN ACT 2002 (ACA)
1.1 Extinguishes parental responsibility from anyone else including birth parents and given permanently to the adopter
2 Disadvantages of long term foster care - doesn't offer the child stability as doesnt offer permanence. Foster care generally used for shorter periods
3 Average age of a child who is adopted now is between age of 3 years and 10 months.
4 Children also now have variety of special/complex needs. i.e. sibling groups.
5.1 Care plan for adoption - where are children going to live; school... court wants to know the plan for the children.
5.1.1 MANDATORY REQUIREMENT: Local Authority apply for a placement order under S.22(1)(c) & (d) ACA 2002 If social services make this plan, cumpolsory at same time to apply for a placement order. PLACEMENT ORDER - definition in S.21(1) ACA 2002 Legal effect of placement order S.25 - if court grants this order P.R shared between 3 people: 1. Agency 2. Prospective Adopters 3. Birth Parents Criteria to grant placement order: a) child subject to a care order or; b) court satisfied S.31(2) CA 1989 met or; c) child has no parent/guardian or; d) each parent has consented to the child being put up for adoption or parents consent should be dispensed under S.52 ACA 2002 S.52(1) ACA 2002 - Dispense of consent - welfare of child requires consent to be dispensed with. Does child's welfare require consent to be dispensed with? S.1 ACA 2002 welfare checklist, cross reference with S.1 CA 1989. S.1(4)(c) & (f) ACA 2002 - court have to think about impact of placement throughout child's life. Re P (Placement Orders: Parental Consent) [2008] Consequences of placement order: Parents are not allowed to oppose the adoption application without permission of the court. They are told that it is happening but are unable before. Leave test - you have to have evidence of a change of circumstance since the placement order was granted. Cannot apply to revoke placement order if child has been placed for adoption.
6 AIM OF ACA 2002: Birth parents are given the opportunity to challenge before placement order for a child is made - can have full hearing.
7 Sequence of proceedings: 1) Care Proceedings - need to get children out. 2) Care plan for adoption. 3) Placement Order (mandatory).
7.1 4) Place child with prospective adopters (parents consent/welfare of the child) - can be on placement order without prospective adopters; can be a gap
7.1.1 5) Adoption Order POST ADOPTION CONTACT - S.1(f)(i) ACA 2002 - now positive duty to think about childs relationship with birth family. Care Plan - specify the contact plan. Current ethos is that child should know from start they are adopted. Indirect/Letter Box contact via Social Services. Direct/face to face contact. Quite unusual. Usually appropriate for older children & siblings. Post Adoption Order: If parents want to make S.8 Contact Application need leave/permission - No longer automatically entitled. Adopters only ones PR.

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