LA (A Child), Re

LA (A Child), Re

The court held that it is permissible to grant leave for the child’s removal to the USA for a time-limited placement with Mr and Mrs X, provided that the child’s habitual residence remains in England, the local authority retains responsibility, and undertakings are given for the child’s return. The placement does not alter the child’s habitual residence due to the application of s.105(6) Children Act 1989 and the facts of the case.

Parties
Applicant: Kent County Council; Mother: PA-K; Child: IA; Children’s Guardian: Bob McGavin
Jurisdiction
England and Wales
Judgment Date
15 March 2013
Procedural Posture
Family / Judgment on Application for Leave to Remove Child From Jurisdiction
Outcome
Application granted
Legal Topics
Adoption, Habitual Residence, Jurisdiction, Child Welfare, International Placement
Family Law Child Law International Law Adoption Habitual Residence Jurisdiction Child Welfare International Placement

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Parties

Kent County Council

Applicant

PA-K

Mother

IA

Child

Bob McGavin

Children’s Guardian

Procedural Posture

Family / Judgment on Application for Leave to Remove Child From Jurisdiction

Legal Issues

  1. 1 Whether the court should grant leave to remove a child subject to a placement order from the UK to the USA for a time-limited placement with prospective adopters.
  2. 2 Whether the child’s habitual residence remains in England during the overseas placement.
  3. 3 Interpretation and application of s.105(6) Children Act 1989 regarding ordinary residence and its relationship to habitual residence.

Ratio Decidendi

The court held that it is permissible to grant leave for the child’s removal to the USA for a time-limited placement with Mr and Mrs X, provided that the child’s habitual residence remains in England, the local authority retains responsibility, and undertakings are given for the child’s return. The placement does not alter the child’s habitual residence due to the application of s.105(6) Children Act 1989 and the facts of the case.

Court Disposition

Application granted

Orders

  • Permission granted to the local authority to remove the child from England and Wales for up to one year, with a requirement to return the child by a specified date.
  • Permission to disclose the order to the US consulate for visa purposes.