X, Y & Z (Children : care proceedings), Re

X, Y & Z (Children : care proceedings), Re

The threshold criteria for care orders were satisfied due to significant harm and lack of control by the grandmother. The welfare of the children required approval for Y and Z to live in the Czech Republic with their grandmother, as remaining in the UK would be detrimental to their welfare and against their wishes. Suitable arrangements were made for their reception and welfare in the Czech Republic, and all persons with parental responsibility consented or could not be located.

Parties
Applicant: Kent County Council; First Respondent: MGM; Second Respondents: X, Y & Z
Jurisdiction
England and Wales
Judgment Date
20 June 2014
Procedural Posture
Care Proceedings / Final Determination
Outcome
Care orders for Y and Z discharged; approval granted for Y and Z to live in Czech Republic with grandmother; no order for X.
Legal Topics
Care Orders, Jurisdiction Transfer, Child Welfare, Parental Responsibility, Article 15 Brussels II Revised
Family Law Child Protection International Law Care Orders Jurisdiction Transfer Child Welfare Parental Responsibility Article 15 Brussels II Revised

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Parties

Kent County Council

Applicant

MGM

First Respondent

X, Y & Z

Second Respondents

Procedural Posture

Care Proceedings / Final Determination

Legal Issues

  1. 1 Whether threshold criteria for care orders are satisfied
  2. 2 Whether transfer of jurisdiction to Czech Republic is appropriate
  3. 3 Welfare determination for each child

Ratio Decidendi

The threshold criteria for care orders were satisfied due to significant harm and lack of control by the grandmother. The welfare of the children required approval for Y and Z to live in the Czech Republic with their grandmother, as remaining in the UK would be detrimental to their welfare and against their wishes. Suitable arrangements were made for their reception and welfare in the Czech Republic, and all persons with parental responsibility consented or could not be located.

Court Disposition

Care orders for Y and Z discharged; approval granted for Y and Z to live in Czech Republic with grandmother; no order for X.

Orders

  • Y and Z to return to Czech Republic with grandmother this evening
  • Approval under Schedule 2, paragraph 19 Children Act 1989 for Y and Z to live outside jurisdiction