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
Source-derived case record
Summary, issues, holding and outcome
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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
Legal Issues
- 1 How and when should the transition of children to the grandmother in Slovakia be effected?
- 2 What is the appropriate legal framework for the transition (residence order, section 20 accommodation, or interim care order)?
- 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.
Full Case Text
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