ADOPTION: ECC (Local Authority) v SM and Ors [2010] EWHC 1694 (fam)

05 OCT 2010

(Family Division; Hedley J; 14 July 2010)

A local authority sought leave to temporarily remove a child from the jurisdiction to enable her to spend the requisite period with her prospective adopters in the US.

Leave granted subject to undertakings for her return and acknowledgement of the continuing jurisdiction of the English court. S85 Adoption and Children Act 2002 should be read restrictively to apply only to permanent removals from the jurisdiction so that it can be read compatibly with the rest of the Act.

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