Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
View all articles
Authors

CARE PROCEEDINGS/ PERMISSION TO REMOVE CHILD FROM THE JURISDICTION: Kent County Council v PA-K and IA (A Child) [2013] EWHC 578 (Fam)

Sep 29, 2018, 21:02 PM
Slug : care-proceedings-permission-to-remove-child-from-the-jurisdiction-kent-county-council-v-pa-k-and-ia-a-child-2013-ewhc-578-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 21, 2013, 02:38 AM
Article ID : 101917

(Family Division, Pauffley J, 15 March 2013)

The local authority sought permission to place the 4-year-old child with carers in the USA who had also adopted the child's older half sister. The family lived in the USA due to the man's employment but they remained domiciled in England and Wales.

At an earlier hearing a declaration of the couple's domicile was made and they were pronounced eligible to adopt the child pursuant to s 49 of the Adoption and Children Act 2002. The alternative option was for them to apply for a Hague adoption. However, neither route was available in order to create an adoption that would be legally binding in the USA. The latter would not be available until the couple became US citizens and they would only become eligible in 2014. It was, therefore, urgent and vital to find a way of placing the child with the couple until they could apply under the Hague Convention.

As the couple were registered foster carers it was possible to place the child with them pursuant to the Care Planning, Placement and Case Review (England) Regulations 2010. Regulation 12 explicitly referred to arrangements to place children outside the jurisdiction. Pursuant to s 42(2) of the ACA 2002 the child had to be placed with prospective adopters at least 10 weeks prior to the adoption application, ECC (The Local Authority) v SM was authority for the proposition that the 10 weeks could be spent outside the jurisdiction. A longer period could be permissible providing the English court retained jurisdiction and the child remained habitually residence in this jurisdiction.

As a result of the shared intention of the local authority and the couple the child would remain habitually resident in England and Wales either by virtue of the disregard provision in s 105(6) of the Children Act 1989 and/or on the fact that the local authority has no settled intention that the child should live in the USA.

Permission to remove the child to the USA under s 28 of the Adoption and Children Act 1989 was granted. 

 

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from