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
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles
Authors

CARE/IMMIGRATION: Re L (Care Order: Immigration Powers to Remove) [2007] EWHC 158 (Fam)

Sep 29, 2018, 17:14 PM
Slug : re-l-care-order-immigration-powers-to-remove-2007-ewhc-158-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 28, 2007, 04:22 AM
Article ID : 87573

(Family Division; Holman J; 17 January 2007)

Making a care order which was necessary for the welfare of the child, and not in any way related to the immigration issues concerning the child and mother, the court held that Children Act 1989, s 33(7), under which a child under a care order could not be removed from the UK without either the written consent of every person with parental responsibility for the child or the leave of the court, did not apply to the Secretary of State for the Home Department and did not prevent him from deciding to remove the child under the immigration legislation. The statutory purpose of s 33(7) was clear: to prevent a child who was the subject of a care order being removed by a person with parental responsibility without the written consent of the local authority, alternatively that of the court; and also to prevent the authority from arranging the removal or emigration of the child without the consent of the child's parents or alternatively that of the court. Parliament had not intended by enacting s 33(7) to outflank the powers and duties entrusted to the Secretary of State under the immigration legislation.

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