Family Court (England and Wales), sitting at Oxford

Family Court (England and Wales), sitting at Oxford

United Kingdom - England and Wales

6 September 2024

Oxfordshire County Council v Ms D, Mr E and Natalia (by her Children's Guardian)

[2024] EWFC 269 (B)

First instance

• Article 23(1)
• Article 23(2)
• Article 33

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Children Act 1989

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The proceedings concerned a six-year-old Polish child who had been removed from her mother's care in England following findings of domestic abuse, neglect and parental incapacity. The child's maternal grandmother and step-grandfather, who lived in Poland, were positively assessed by both English and Polish authorities as long-term carers. The court concluded that the child's welfare would be best served by placement with them in Poland. In considering the international dimension of the case, the court examined the operation of the 1996 Hague Child Protection Convention. It held that the English court had jurisdiction because the child was habitually resident in England, that the resulting child arrangements order would be recognised automatically in Poland under Article 23(1), and that the consultation and consent requirements for cross-border placement under Article 33 had been satisfied. The court therefore made a child arrangements order in favour of the grandparents and authorised the child's move to Poland.

The court made a final child arrangements order placing a six-year-old child with her maternal grandmother and step-grandfather in Poland. The court held that the order would be recognised in Poland pursuant to Article 23(1) of the 1996 Hague Child Protection Convention and was satisfied that the requirements for cross-border placement under Article 33 had been fulfilled, including consultation with and consent from the Polish authorities.

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