Court orders after adoption

[appleby246]

Hi I’ll keep this brief,

is a contact order for children and a paternal family member void or still active after those children have been adopted?

My children, ex paternal family member (not bio dad) and my husband adopted them. Judge told us that the contact order is void and up to our discretion to carry it out or not. We did for two years keep up our side (two photos a year) but they failed their side (birthday and xmas cards) and now their lawyers are saying we have to do it or they’ll take us to court etc. I can’t be bothered with the drama and their attitude toward it all stinks. So my question remains, is the contact order still active or is it void like the judge told us?

Thanks!

[jaguarsuk]

Hi I’ll keep this brief,

is a contact order for children and a paternal family member void or still active after those children have been adopted?

My children, ex paternal family member (not bio dad) and my husband adopted them. Judge told us that the contact order is void and up to our discretion to carry it out or not. We did for two years keep up our side (two photos a year) but they failed their side (birthday and xmas cards) and now their lawyers are saying we have to do it or they’ll take us to court etc. I can’t be bothered with the drama and their attitude toward it all stinks. So my question remains, is the contact order still active or is it void like the judge told us?

Thanks!

What does it say in the judgement sent after the hearing where the Judge voided the order?

[appleby246]

He just done an adoption order, I asked about the current contact order he said it will be void and it’s up to my discretion whether to continue or not

[ploddertom]

Many years since I did this so may have changed. When we adopted 2 of our children it was basically new life, new family, start from the beginning and everything previous was wiped out. Mind in both cases it was done through the local authority as the children were in care previously.

[Peridot]

Hi Appleby246,

When the adoption process was on-going, was an order made at that point for continuing contact with the birth parents while the matter was decided? Did the Social Worker make any recommendations for contact continuing with the biological parents or other relative of the child?

Any child arrangement or contact order in place prior to the final adoption order ceases to have any effect once the formal adoption has been made but further orders can be made upon application by the child, the adoptive parents and other persons who have been granted leave to apply.

Was the adoption through an agency or via a foster placement? Slightly different processes occur depending on which way the child came to be adopted. In both instances though the child's welfare remains paramount. In addition, whether the birth parents were averse to the adoption or accepting of it will make a difference.

Where a birth parent does not accept the adoptive placement, that will normally be fatal to anything but indirect identity contact (photos for example), as any direct contact would run the real risk of jeopardising the stability of the adoptive placement.

During the adoption, the Court has to consider contact as part of that process. It is up to the Court to decide if contact should continue and in what form. They are assisted by reports during the process from the Social Workers and other experts, as necessary. From your comment about what the Judge said at the adoption final hearing it sounds like an order was not made at that time.

It is possible for birth parents and other blood relatives to ask the Court for leave to apply for contact but there are factors the Court considers before granting leave to apply:-

1. any risk of the application disrupting the child’s life so much that they would be harmed by it
2. the applicant’s connection with the child, and
3. representations made to the court by or on behalf of the child and by the applicant for, or holder of, an adoption order

Even if the birth parents/relative successfully obtained leave to apply there is still no guarantee they would be successful in their application for continued contact, although they may be. The most likely scenario would be that indirect contact may be agreed, similar to what the previous order had in place. However, it appears that the birth parents have not complied with that in any event and if you as adoptive parents believe this would be adverse to your child then weight would be given to your argument. It is important for the Court to consider the whole facts and consider what is best for the child

If the adoption process was through an agency, under Adoption and Children Act 2002 (ACA) then certain types of order (s.26) end upon the final adoption order. A s51A order can continue post adoption, but equally the Courts can order there to be no contact whatsoever under this section and on their own initiative if needs be.

Have you spoken to your social worker? Has the solicitor said they are applying for leave to apply for an order? It is up to them, so the ball is in their court to get things moving if they are serious about maintaining some sort of contact. Check what sort of order the last one was If it is a s26 ACA 2002 or a s8 Children Act order they will have ceased upon the final adoption order being made. If it is a s51A then it may continue (although I suspect this is not the type of order from the Judge's comments). You need to check though to be certain.

Do post again if we can give you any more pointers.