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Steps to Appealing an Adoption Order

Adoption is a significant legal process that provides stability and permanence to a child’s life. However, in certain situations, parties involved in an adoption order may feel the need to appeal the decision made by the court. The appeal process allows individuals to challenge a decision they believe was incorrect or unfair. If you find yourself in this situation, here are the steps to appealing an adoption order in England and Wales:

1. Seek Legal Advice:

The first and most crucial step is to consult with an experienced family law solicitor who specialises in adoption cases. They will be able to assess your case, determine the grounds for an appeal and guide you through the legal process.

2. Time Limit:

It is important to note that there are strict time limits for appealing an adoption order. Generally, an appeal must be filed within 21 days of the date of the order. However, the court may extend this time limit in exceptional circumstances.

3. Grounds for Appeal:

To proceed with an appeal, you must have valid grounds to challenge the adoption order. Examples of grounds for appeal may include:

a) Legal Errors: If there were errors in the application of the law during the original adoption proceedings, such as misinterpretation of legislation or incorrect legal procedures.

b) Procedural Irregularities: If the adoption process was not followed correctly, such as a failure to comply with the necessary statutory requirements or procedural errors.

c) New Evidence: If new evidence emerges that was not available during the original proceedings and is significant enough to potentially change the outcome of the case.

 d) Welfare of the Child: If it can be proven that the adoption order is not in the best interests of the child, and there are compelling reasons to believe that the decision should be reconsidered.

4. Permission to Appeal:

Before proceeding with an appeal, you must obtain permission from the court. This involves submitting an application to the court explaining the grounds for your appeal and why you believe the decision should be reconsidered. The court will review the application and decide whether to grant permission to proceed with the appeal.

5. Preparing the Appeal:

Once permission to appeal is granted, you will need to prepare the necessary documents for the appeal. This includes drafting a detailed appeal statement outlining the grounds for appeal, compiling relevant supporting evidence and preparing legal arguments to present your case.

6. Appeal Hearing:

The appeal will be heard by a higher court, usually the Family Division of the High Court or the Court of Appeal. Both parties will have an opportunity to present their case, and the court will consider the arguments, evidence and legal principles involved. The court will then make a decision on whether to uphold or overturn the adoption order.

7. Appeal Outcome:

After considering the arguments, the court will deliver a judgment on the appeal. If the appeal is successful, the adoption order may be overturned, and the case may be remitted back to the original court for reconsideration. If the appeal is unsuccessful, the adoption order will stand and it may not be possible to challenge the decision any further.

8. Further Appeal:

If you are dissatisfied with the outcome of the appeal, it may be possible to seek permission to further appeal to a higher court, such as the Supreme Court. However, permission to appeal to a higher court is rarely granted and is only given in exceptional circumstances.

Remember, the process of appealing an adoption order can be complex and emotionally challenging. It is essential to seek professional advice and support throughout the process.

If you are considering appealing an adoption order then you must act quickly. Why not get in touch with one of Alexander JLO’s expert specialist family lawyers on 020 7537 7000 or peter@london-law.co.uk and see what we can do for you?

This blog was prepared by Guy Wilton on the 22nd February 2024 and is correct at the time of going to press. Guy lives on The Wirral and works in Liverpool. Guy and his team will be managing all work locally and have wide experience of acting for the firm’s clients, their family and their businesses. Guy’s experience as a lawyer started in the Northern and Welsh Circuits, including the Liverpool Courts, where he represented numerous clients in Civil proceedings after being called to the Bar, before opting to join Alexander JLO in 2017 and qualifying as a solicitor in 2024.

Guy’s profile on the independent Review Solicitor website can be viewed here.

 

 

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