The welfare of children is very nearly always the decisive factor in care proceedings and the rights of their parents are of much lesser importance.
The welfare of children is very nearly always the decisive factor in care proceedings and the rights of their parents are of much lesser importance. In one case, a judge opened the way for adoption of a seriously ill baby boy after ruling that his mother’s love alone would not be enough to meet his needs.
The little boy was born 12 weeks prematurely and weighed only one kilo. He needed a constant oxygen supply due to chronic lung problems and required monitoring day and night. His mother, aged in her 20s, was not allowed to take him home from hospital and he was placed in foster care.
The High Court acknowledged the mother’s 'very real love' for the little boy. She had engaged in contact sessions with him and her parents had offered to help her with his care. However, she had a history of mental health problems and the Court found that she lacked essential parenting skills.
In making care and adoption placement orders, the Court ruled that the boy’s health needs could not be met by his birth family within a reasonable timescale. Further delay in his adoption would harm his welfare in that it would compromise his ability to make permanent attachments to his new family.
Contact: Paul Antoniou