ECC (The Local Authority) v SM (A Child) & Ors

ECC (The Local Authority) v SM (A Child) & Ors

The court can grant leave for the child to be temporarily removed from the jurisdiction to satisfy the residence requirement under Section 42, as such removal does not breach Section 85, provided the child remains subject to the court's jurisdiction and undertakings to return are given. The welfare of the child requires dispensing with parental consent for the placement order.

Parties
Applicant: E. C. C. (The Local Authority); 1st Respondent: SM (a child) (By her Guardian); 2nd Respondent: DC; 3rd Respondent: BM; 4th Respondent: DMH
Jurisdiction
England and Wales
Judgment Date
14 July 2010
Procedural Posture
Family Law Placement and Adoption / Judgment After Hearing of Placement Order Application
Outcome
Placement order granted; leave to remove child temporarily to USA granted
Legal Topics
Placement Order, Intercountry Adoption, Convention Adoption, Parental Consent, Jurisdiction, Section 42 Adoption and Children Act 2002, Section 85 Adoption and Children Act 2002
Family Law Adoption Law International Law Placement Order Intercountry Adoption Convention Adoption Parental Consent Jurisdiction +2 more

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Parties

E. C. C. (The Local Authority)

Applicant

SM (a child) (By her Guardian)

1st Respondent

DC

2nd Respondent

BM

3rd Respondent

DMH

4th Respondent

Procedural Posture

Family Law Placement and Adoption / Judgment After Hearing of Placement Order Application

Legal Issues

  1. 1 Whether the court can grant leave for a child to be removed from the jurisdiction for the purposes of satisfying the residence requirement under Section 42 of the Adoption and Children Act 2002
  2. 2 Whether such removal would breach Section 85 of the Act
  3. 3 Whether parental consent can be dispensed with for the placement order

Ratio Decidendi

The court can grant leave for the child to be temporarily removed from the jurisdiction to satisfy the residence requirement under Section 42, as such removal does not breach Section 85, provided the child remains subject to the court's jurisdiction and undertakings to return are given. The welfare of the child requires dispensing with parental consent for the placement order.

Court Disposition

Placement order granted; leave to remove child temporarily to USA granted

Orders

  • Placement order made for SM to be placed with paternal uncle and aunt in the USA
  • Leave granted for temporary removal of SM to the USA for up to 6 months to satisfy Section 42 residence requirement, subject to undertakings to return and acknowledgment of court's continued jurisdiction