LA (A Child), Re [2013] EWHC 578 (Fam) (15 March 2013)

LA (A Child), Re [2013] EWHC 578 (Fam) (15 March 2013)

The court is satisfied that IA will remain habitually resident in England during her time-limited placement in the USA with Mr and Mrs X, as the local authority retains parental responsibility and control, and the placement is subject to undertakings to return. Leave to remove is granted under s.28 ACA 2002 for a...

Source-derived case information.

Citation
[2013] EWHC 578 (Fam)
Parties
Applicant: Kent County Council; Mother/respondent: PA-K; Child/subject: IA; Children's Guardian: Bob McGavin
Jurisdiction
England and Wales
Judgment Date
15 March 2013
Procedural Posture
Family Law – Application for Leave to Remove Child From Jurisdiction / Final Judgment on Application for Leave to Remove Child Under S.28 Adoption and Children Act 2002
Outcome
Application granted
Legal Topics
Adoption, Habitual Residence, Jurisdiction, Intercountry Placement, Children's Welfare
Family Law International Child Law Adoption Habitual Residence Jurisdiction Intercountry Placement Children's Welfare

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Parties

Kent County Council

Applicant

PA-K

Mother/respondent

IA

Child/subject

Bob McGavin

Children's Guardian

Procedural Posture

Family Law – Application for Leave to Remove Child From Jurisdiction / Final Judgment on Application for Leave to Remove Child Under S.28 Adoption and Children Act 2002

Legal Issues

  1. 1 Whether the English court should grant leave to remove a child subject to a placement order to the USA for an extended period with prospective adopters
  2. 2 Whether the child's habitual residence remains in England during the placement abroad
  3. 3 Interpretation of s.105(6) Children Act 1989 regarding 'ordinary residence' and its impact on 'habitual residence'

Ratio Decidendi

The court is satisfied that IA will remain habitually resident in England during her time-limited placement in the USA with Mr and Mrs X, as the local authority retains parental responsibility and control, and the placement is subject to undertakings to return. Leave to remove is granted under s.28 ACA 2002 for a period not exceeding one year, with jurisdiction and habitual residence retained in England.

Court Disposition

Application granted

Orders

  • Permission granted to Kent County Council to remove IA from England and Wales for up to one year, subject to return by specified date and undertakings from foster carers.
  • Permission to disclose order to US consulate for visa application.