Russell-Cooke acts for the child in complex adoption case involving sibling placement dispute
Samantha Little, consultant in the children law team has acted for the child in a complex adoption case: T (A Child), Re (Non-Agency Adoption) [2026] EWHC 391 (Fam) (25 February 2026).
The court had to determine the outcome of an application to adopt the child by her foster carers with whom she had lived since she was five days old. She was three years old at the time of the hearing.
The application to adopt was opposed by the local authority who wished to place her with agency adopters who had the care of the child’s older half sibling. The children had never lived together.
The applicants had to apply for an injunction to prevent the removal of the child whilst the adoption application was considered. The court considered the welfare balance of the child remaining in her placement where she was settled and thriving against the option of removing her to be with her sibling. The court was told of the trauma the child would suffer if she were moved.
The guardian supported the child being adopted by her foster carers. The court agreed and made the adoption order and a contact order to ensure that contact takes place between the siblings. The case includes a helpful analysis of the law on adoption and contact after adoption as well as the relevant guidance on placing siblings together.
This case was unusual and, whilst it was accepted that, if at all possible, siblings should grow up together, in this case the evidence about the impact on the child of being removed from the placement she had always known was so overwhelming that the court agreed that the best outcome for the child would be to remain in her foster family and be adopted by them, with the contact between the siblings being underpinned by a contact order.
View the judgment here.
About Samantha
Samantha Little is a consultant in the family and children team. She advises clients on all aspects of children law.
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