D (A Child) [2012] EWHC 4231 (Fam) (14 December 2012)

D (A Child) [2012] EWHC 4231 (Fam) (14 December 2012)

Mr and Mrs O were entirely innocent victims of an elaborate scam perpetrated by the clinic in Nigeria; their actions and evidence are only consistent with genuine belief in the birth process and not with complicity or dishonesty.

Citation
[2012] EWHC 4231 (Fam)
Parties
Respondents: Mr and Mrs O; Claimant: Local Authority; Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
14 December 2012
Procedural Posture
Care Proceedings / Final Judgment
Outcome
Mr and Mrs O found innocent of wrongdoing; child remains in foster care under interim care order.
Legal Topics
Interim Care Order, Parental Innocence, Child Trafficking, Fertility Fraud
Family Law Child Protection Interim Care Order Parental Innocence Child Trafficking Fertility Fraud

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Parties

Mr and Mrs O

Respondents

Local Authority

Claimant

Guardian

Guardian

Procedural Posture

Care Proceedings / Final Judgment

Legal Issues

  1. 1 Whether Mr and Mrs O were complicit in the removal of a child from Nigeria and knowingly involved in a fraudulent birth process
  2. 2 Whether Mr and Mrs O acted dishonestly or were innocent victims of a scam

Ratio Decidendi

Mr and Mrs O were entirely innocent victims of an elaborate scam perpetrated by the clinic in Nigeria; their actions and evidence are only consistent with genuine belief in the birth process and not with complicity or dishonesty.

Court Disposition

Mr and Mrs O found innocent of wrongdoing; child remains in foster care under interim care order.

Orders

  • No finding of dishonesty or complicity against Mr and Mrs O.
  • Interim care order for child D to remain in foster care.