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Cape Breton Children's Aid Society stole Emma McCarthy from Florida

Adoption will stand: court

A Cape Breton couple has failed to convince a provincial three-judge Appeal Court panel to terminate a Family Court order which placed their daughter into the care of Cape Breton Children's Aid Society. The Northside couple were also seeking to have the permanent care order varied to allow them visitation. The name of the couple cannot be used as it will identify the child.

The child, now five, has since been adopted by another couple.

In writing the unanimous decision for the panel, Justice Edward Flinn said the application by the parents was invalid because they first failed to obtain leave to make such a request.

Under the provincial Children's and Family Services Act, once a permanent care order has been issued to a child protection agency, any further legal challenge must receive approval from a judge to proceed.

"It is precisely because the interests of the child are paramount that the leave provisions must be met," wrote Flinn.

The court noted the parents filed their challenge after an adoption placement was found and the child had been out of their care for two years.