Lawyers seek Kirby�s recusal in adoption case

Wednesday, May 07, 2014

Lawyers representing the biological father of a five year-old at the centre of an adoption dispute have asked the president of the Court of Appeal, Ian Kirby, to recuse himself from the case. The child was taken from the adoptive mother in 2012 on the orders of the High Court after the biological father challenged the adoption. The child was put under the care of child welfare officers.

Early this year, the Court of Appeal allowed the adoptive mother to appeal the High Court decision, which had effectively barred her from access to the five-year-old.

Last week, lawyers representing the child’s father claimed that Kirby should not preside over the appeal as he could prejudice it because he is the one who gave the adoptive mother leave to appeal.

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Lawyers seek Kirby�s recusal in adoption case