LA v ML & Ors

LA v ML & Ors

The threshold criteria under section 31 Children Act 1989 are met: it is more likely than not that the child was physically abused by his mother (over chastisement) and step-father (with an implement), and both failed to meet his health needs. The evidence, including medical findings, child’s disclosures, and unreliable parental accounts, supports this. The balance of factors now favours transfer of proceedings to Slovakia under Article 15, as Slovakia is the child’s country of nationality, habitual residence, and where both biological parents and wider family reside.

Parties
Applicant: LA; 1st Respondent (mother): ML; 2nd Respondent (step Father): MQ; 3rd Respondent (biological Father): SP; 4th Respondent (child): MP (through his Children’s Guardian); Intervenor: The Centre for the International Protection of Children and Youth
Jurisdiction
England and Wales
Judgment Date
12 July 2013
Procedural Posture
Care Proceedings (child Protection) / Fact Finding and Article 15 Transfer Determination
Outcome
Threshold criteria met; Article 15 transfer to Slovakia ordered; interim care order renewed
Legal Topics
Care Proceedings, Jurisdiction Under Brussels II Revised, Article 15 Transfer, Threshold Criteria Under Children Act 1989, Child Abuse, Habitual Residence
Family Law Child Protection International Family Law Care Proceedings Jurisdiction Under Brussels II Revised Article 15 Transfer Threshold Criteria Under Children Act 1989 Child Abuse +1 more

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Parties

LA

Applicant

ML

1st Respondent (mother)

MQ

2nd Respondent (step Father)

SP

3rd Respondent (biological Father)

MP (through his Children’s Guardian)

4th Respondent (child)

The Centre for the International Protection of Children and Youth

Intervenor

Procedural Posture

Care Proceedings (child Protection) / Fact Finding and Article 15 Transfer Determination

Legal Issues

  1. 1 Whether threshold criteria under section 31 Children Act 1989 are met for intervention
  2. 2 Whether the child suffered significant harm attributable to parental care
  3. 3 Whether proceedings should be transferred to Slovakia under Article 15 of Brussels II Revised

Ratio Decidendi

The threshold criteria under section 31 Children Act 1989 are met: it is more likely than not that the child was physically abused by his mother (over chastisement) and step-father (with an implement), and both failed to meet his health needs. The evidence, including medical findings, child’s disclosures, and unreliable parental accounts, supports this. The balance of factors now favours transfer of proceedings to Slovakia under Article 15, as Slovakia is the child’s country of nationality, habitual residence, and where both biological parents and wider family reside.

Court Disposition

Threshold criteria met; Article 15 transfer to Slovakia ordered; interim care order renewed

Orders

  • Article 15 request for transfer of proceedings to Slovakia granted
  • Interim care order in favour of the Local Authority renewed