Blackburn with Darwen BC v P (Flight to Latvia) [2015] EWFC B189 (20 November 2015)

Blackburn with Darwen BC v P (Flight to Latvia) [2015] EWFC B189 (20 November 2015)

There was reasonable cause to believe the children suffered inflicted injuries in their parents' care, and their covert removal from agreed placement created a risk of harm. The court had jurisdiction based on habitual residence. Emergency and inherent jurisdiction orders were necessary and proportionate to protect the children and secure their return to the UK.

Citation
[2015] EWFC B189
Parties
Applicant: Blackburn with Darwen Borough Council; First Respondent: P (Mother); Second Respondent: P (Father); Third Respondents: Children (by Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
20 November 2015
Procedural Posture
Family Court Emergency Protection and Inherent Jurisdiction / Interim Orders Following Without Notice Applications
Outcome
Emergency Protection Orders and inherent jurisdiction orders granted. Children to be returned to England and Wales and placed in foster care. Orders effective until 26 November 2015.
Legal Topics
Emergency Protection Orders, Inherent Jurisdiction, Jurisdiction Based on Habitual Residence, International Child Abduction, Interim Care Arrangements
Family Law Child Protection Emergency Protection Orders Inherent Jurisdiction Jurisdiction Based on Habitual Residence International Child Abduction Interim Care Arrangements

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Parties

Blackburn with Darwen Borough Council

Applicant

P (Mother)

First Respondent

P (Father)

Second Respondent

Children (by Children's Guardian)

Third Respondents

Procedural Posture

Family Court Emergency Protection and Inherent Jurisdiction / Interim Orders Following Without Notice Applications

Legal Issues

  1. 1 Whether Emergency Protection Orders should be granted without notice to parents
  2. 2 Whether the court has jurisdiction based on habitual residence
  3. 3 Whether inherent jurisdiction should be invoked to secure return of children from Ireland

Ratio Decidendi

There was reasonable cause to believe the children suffered inflicted injuries in their parents' care, and their covert removal from agreed placement created a risk of harm. The court had jurisdiction based on habitual residence. Emergency and inherent jurisdiction orders were necessary and proportionate to protect the children and secure their return to the UK.

Court Disposition

Emergency Protection Orders and inherent jurisdiction orders granted. Children to be returned to England and Wales and placed in foster care. Orders effective until 26 November 2015.

Orders

  • Emergency Protection Orders for four children effective for 7 days from 19 November 2015.
  • Leave to local authority to invoke inherent jurisdiction.