O, Re (A Child: The Vienna Convention on Consular Relations 1963)

O, Re (A Child: The Vienna Convention on Consular Relations 1963)

It is lawful and proportionate for the local authority not to notify the Congolese authorities of O's presence, the proceedings, or the appointment of a guardian, as notification would be wholly contrary to O's welfare best interests, and the Vienna Convention is not incorporated into domestic law as an absolute duty.

Parties
Applicant: A Local Authority; 1st Respondent: M; 2nd Respondent: O (through her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
14 April 2021
Procedural Posture
Care Proceedings (public Law) / Judgment on Notification to Foreign Authorities
Outcome
Declaration granted in favour of the local authority and children's guardian.
Legal Topics
Vienna Convention on Consular Relations 1963, Notification of Foreign Authorities, Appointment of Children's Guardian, Best Interests of the Child
Family Law International Law Child Protection Vienna Convention on Consular Relations 1963 Notification of Foreign Authorities Appointment of Children's Guardian Best Interests of the Child

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Parties

A Local Authority

Applicant

M

1st Respondent

O (through her Children’s Guardian)

2nd Respondent

Procedural Posture

Care Proceedings (public Law) / Judgment on Notification to Foreign Authorities

Legal Issues

  1. 1 Whether the local authority is under a duty to notify the Congolese authorities that O is the subject of public law proceedings and has a children's guardian appointed

Ratio Decidendi

It is lawful and proportionate for the local authority not to notify the Congolese authorities of O's presence, the proceedings, or the appointment of a guardian, as notification would be wholly contrary to O's welfare best interests, and the Vienna Convention is not incorporated into domestic law as an absolute duty.

Court Disposition

Declaration granted in favour of the local authority and children's guardian.

Orders

  • It is lawful and proportionate for the local authority not to notify the Congolese authorities of O’s presence in the jurisdiction, the fact of the proceedings, or the appointment of a children’s guardian.