X (Adopted Child: Access To Court File)
2014
FAMILY DIVISION
United Kingdom
CORAM
- SIR JAMES MUNBY PRESIDENT OF THE FAMILY DIVISION
Areas of Law
- Family Law
- Probate and Succession
2014
FAMILY DIVISION
United Kingdom
CORAM
AI Generated Summary
Y applied to access her deceased father X's adoption file to learn about her genealogical background. X was adopted in 1930. Despite no statutory provision requiring exceptional circumstances for access, the court balanced numerous factors and granted Y access, considering the significant passage of time, likely death of concerned parties, and Y's genuine interest.
Judgment
Sir James Munby, President of the Family Division :
I have before me an application raising a simple question of considerable general importance to which the answer is not at first sight at all clear.
The essential facts are shortly stated. X, as I shall refer to him, was born on 5 November 1929. On 15 January 1930, justices sitting in Somerset in the Petty Sessional Division of Weston-super-Mare made an adoption order in relation to X under the Adoption of Children Act 1926 to a married couple, Mr and Mrs C. Mr and Mrs C are dead. X died in 2011. X’s daughter, Y, the applicant before me, seeks access to the original court file, which has been located, and which I have read. Her purpose is to discover more about X’s birth mother. Who was she? What part of the country did X come from?
The question, on which almost astonishingly there is no direct authority, is what principles should govern the determination of such an application. More specifically, should Y be allowed access to the court file?
Y has appeared throughout in person. Her original application was by letter dated 5 November 2013 (as she pointed out, her father’s birthday) addressed to a member of the family department at Bristol County Court. Having set out all the steps she had taken since her father’s death in her quest to obtain the information she was seeking, her letter continues:
“ … my Grandmother … is certainly dead by now, so I will not harm anyone by knowing her name I will not be trying to contact her relatives or causing any trouble.
I just want to know who my Dad was, who his mother was, where he was born, and who I am, my sister, my brother, my children and Grandchildren.
We have a child in our family my sister’s Granddaughter she has epilepsy and is very disabled, where did that come from, is it likely to happen again.
In a while I will be going to my Father’s grave to put flowers as it is his birthday and once again I will wonder who he was, did his Mother ever look for him, if she did she never found him, but I can find her, and put this story to rest once and for all … ”
The original adoption file was retrieved from Weston-super-Mare and the papers were put before His Honour Judge Wildblood QC on 27 February 2014. The next day, 28 February 2014, he directed the matter to be listed before him on 25 April 2014. Y attended in person. She indicated that she would obtain advice. Judge Wildblood directed that, subject to my agreement, the application should be list