B (Children), Re

B (Children), Re

The court directed that the transition of the children to the grandmother in Slovakia must commence immediately and be completed by 4 January at the latest, rejecting all proposed plans as not fully meeting the children's welfare needs. The court ordered that the transition be managed under a voluntary section 20...

Source-derived case information.

Parties
Appellant: Appellant grandmother; First Respondent: Surrey County Council; Respondents: Second, Third, Fourth and Fifth Respondents; Intervener: Slovak Republic
Jurisdiction
England and Wales
Judgment Date
14 December 2012
Procedural Posture
Family Law Appeal / Post Judgment Supplemental Hearing on Transition Arrangements
Outcome
Appeal allowed; transition plan ordered; permission to appeal refused; stay refused.
Legal Topics
Residence Orders, Transition of Child Custody, Section 20 Children Act 1989, Interim Care Orders, Contact Arrangements
Family Law Child Welfare Residence Orders Transition of Child Custody Section 20 Children Act 1989 Interim Care Orders Contact Arrangements

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Parties

Appellant grandmother

Appellant

Surrey County Council

First Respondent

Second, Third, Fourth and Fifth Respondents

Respondents

Slovak Republic

Intervener

Procedural Posture

Family Law Appeal / Post Judgment Supplemental Hearing on Transition Arrangements

  1. 1 How and when should the transition of children to the grandmother in Slovakia be effected?
  2. 2 What is the appropriate legal framework for the transition (residence order, section 20 accommodation, or interim care order)?
  3. 3 What contact arrangements should be in place for the grandmother during transition?

Ratio Decidendi

The court directed that the transition of the children to the grandmother in Slovakia must commence immediately and be completed by 4 January at the latest, rejecting all proposed plans as not fully meeting the children's welfare needs. The court ordered that the transition be managed under a voluntary section 20 agreement, with undertakings from the parents and grandmother not to withdraw consent without notice and judicial approval. The welfare of the children required clear and normal contact with the grandmother during transition. Permission to appeal to the Supreme Court was refused.

Court Disposition

Appeal allowed; transition plan ordered; permission to appeal refused; stay refused.

Orders

  • Transition of children to grandmother in Slovakia to commence immediately and be completed by 4 January at the latest.
  • Transition to be managed under section 20 Children Act 1989 voluntary placement, with undertakings from parents and grandmother not to withdraw agreement without 48 hours' notice and judicial approval.