S (No. 3) (Care Proceedings) (Article 56: Placement in the Republic of Ireland), Re

S (No. 3) (Care Proceedings) (Article 56: Placement in the Republic of Ireland), Re

Given the parents' entrenched psychological difficulties, the speculative and uncertain prospects of improvement within a child's timescale, and the need for S's stability after 18 months of proceedings, S's welfare requires a permanent placement with the foster carers under a special guardianship order, with...

Source-derived case information.

Parties
Applicant: A Local Authority; Respondent: M; Respondent: F; Respondents: FC1 and FC2 (Foster Carers of S); Subject Child: S (A Minor)
Jurisdiction
England and Wales
Judgment Date
03 June 2019
Procedural Posture
Care Proceedings (special Guardianship Order) / Final Judgment After Full Hearing
Outcome
Special guardianship order made in favour of foster carers; placement deemed permanent; contact with parents reduced and structured; order to be recognised and enforced in the Republic of Ireland.
Legal Topics
Special Guardianship Order, Parental Responsibility, Child Placement, Jurisdiction Under Brussels Iia, Contact Arrangements, Recognition and Enforcement of Orders
Family Law Child Protection International Family Law Special Guardianship Order Parental Responsibility Child Placement Jurisdiction Under Brussels Iia Contact Arrangements +1 more

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Summary, issues, holding and outcome

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Parties

A Local Authority

Applicant

M

Respondent

F

Respondent

FC1 and FC2 (Foster Carers of S)

Respondents

S (A Minor)

Subject Child

Procedural Posture

Care Proceedings (special Guardianship Order) / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether S should remain placed with foster carers under a special guardianship order
  2. 2 Whether the placement is permanent or temporary
  3. 3 Appropriate level and structure of parental contact

Ratio Decidendi

Given the parents' entrenched psychological difficulties, the speculative and uncertain prospects of improvement within a child's timescale, and the need for S's stability after 18 months of proceedings, S's welfare requires a permanent placement with the foster carers under a special guardianship order, with parental contact reduced to a level consistent with her long-term welfare and identity needs. The order is to be recognised and enforced in the Republic of Ireland under Brussels IIa, with appropriate recitals to clarify its permanence and the jurisdiction of Irish courts over future contact applications.

Court Disposition

Special guardianship order made in favour of foster carers; placement deemed permanent; contact with parents reduced and structured; order to be recognised and enforced in the Republic of Ireland.

Orders

  • Special guardianship order in favour of FC1 and FC2 for S
  • S to remain placed with FCs as permanent carers