A Family Court judge has strongly criticised a local authority’s conduct in a case involving a birth mother’s attempt to gain contact with her daughter, who was adopted earlier this year.

The mother, referred to as BM, applied for direct contact with her four-year-old daughter, X, who was adopted by AM in February 2024. However, the court found that the child, who has complex emotional and attachment needs, was not ready for such contact.

His Honour Judge Marin ruled that granting direct contact would be detrimental to X’s emotional wellbeing at this stage, highlighting the importance of stability and therapeutic support for the child’s development.

Emotional risk outweighs parental rights

Evidence presented by a Child and Adolescent Mental Health Services (CAMHS) specialist, CH, warned that reintroducing direct contact could destabilise the child’s adoptive placement and trigger anxiety and confusion.

“The security of the relationship between X and AM is the greatest protective factor for this young girl now,” said CH.

The adoptive mother, AM, opposed the application but reassured the court of her commitment to X’s welfare and expressed willingness to support contact in the future, based on professional guidance. She had continued indirect contact through letters and photos, which the court commended.

Local authority under scrutiny

Judge Marin also took aim at the local authority’s poor management of the case. He criticised the delays in completing life story work and the inconsistent handling of indirect contact, including forms involving X’s siblings.

“Their failure to act has been unacceptable,” said Judge Marin, ordering the local authority to complete life story work within two months and improve the structure of indirect contact arrangements.

Hope for future, but caution for now

While BM’s desire to reconnect with her daughter was acknowledged, the judge reiterated that the child’s welfare is paramount, and that direct contact would not be appropriate at this time.

“At what point in time direct contact may be viable is impossible to say,” Judge Marin concluded, urging all parties to focus on gradual progress and X’s ongoing emotional stability.