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Supreme Court ruling due on consent adoption case

A ruling is expected from the Supreme Court next week on whether or not two children born in the UK to Hungarian parents can be adopted here without their consent.

In the Matter of N concerns care and placement orders sought by the London Borough of Hounslow for the children, who live with foster carers. They plan to have them adopted in the UK despite their parents’ opposition.

The children’s mother applied to have the case transferred to the Hungarian courts, under Article 15 of Brussels II Revised, an EU regulation governing family disputes involving more than one member state.

Article 15 sets outs the rules concerning ‘transfer to a court better placed to hear the case’.

The children’s father supported her application, as did the Hungarian authorities who stated that the children would be brought back from England by their own social workers if the courts ordered transfer and placed in a new foster home in the central European country.

The initial judge ordered transfer of the case to Hungary, and this decision was upheld by the Court of Appeal because, it stated, care proceedings fall within the scope of Brussels II.

The case was heard by the Supreme Court in March. The ruling is scheduled for April 13.

The blog team at Stowe is a group of writers based across our family law offices who share their advice on the wellbeing and emotional aspects of divorce or separation from personal experience. As well as pieces from our family law solicitors, guest contributors also regularly contribute to share their knowledge.

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