The appellants, biological parents of a child (L) in extended society care, appealed a decision denying them leave to bring a status review application for L's return.
L had been in foster care for almost three years and was being considered for adoption.
The Court of Appeal affirmed that leave was required under s. 115(5) of the Child, Youth and Family Services Act, 2017, and that the two-year continuous care period includes time prior to an extended society care order.
The court also clarified the flexible framework for granting leave, emphasizing a child-focused approach and the paramountcy of the child's best interests.
The appeal was dismissed, upholding the denial of leave.
