HA (A Child : placement of a child abroad) [2019] EWFC B2 (09 January 2019 )

HA (A Child : placement of a child abroad) [2019] EWFC B2 (09 January 2019 )

The court held that the statutory requirements for exercising the inherent jurisdiction (wardship) were not met because the desired result—safe placement and assessment in Pakistan—could be achieved under the Children Act 1989 without wardship. There was no reasonable cause to believe HA would suffer significant harm if the inherent jurisdiction was not exercised. The interim care order should remain in force, and the local authority was granted permission under s.33(7) and Schedule 2 para 19 to place HA with his paternal grandparents in Pakistan for three months for assessment. An injunction was granted against HI to prevent interference or abduction.

Citation
[2019] EWFC B2
Parties
Applicant: Local Authority; First Respondent: BN (the Mother); Second Respondent: HS (the Father); Intervener/party to Consolidated Proceedings: HI
Jurisdiction
England and Wales
Procedural Posture
Family Law Care Proceedings / Interlocutory Judgment on Application for Authority to Place Child Abroad for Assessment
Outcome
Application for wardship refused; permission granted for placement in Pakistan under interim care order; injunction granted against HI.
Legal Topics
Care Orders, Wardship, International Placement of Children, Parental Responsibility, Injunctions, Child Welfare, Jurisdiction
Family Law Child Law Care Orders Wardship International Placement of Children Parental Responsibility Injunctions Child Welfare +1 more

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Parties

Local Authority

Applicant

BN (the Mother)

First Respondent

HS (the Father)

Second Respondent

HI

Intervener/party to Consolidated Proceedings

Procedural Posture

Family Law Care Proceedings / Interlocutory Judgment on Application for Authority to Place Child Abroad for Assessment

Legal Issues

  1. 1 Whether the court should grant authority for HA to be placed in Pakistan for assessment with paternal family
  2. 2 Whether the child should be made a ward of court or remain subject to an interim care order
  3. 3 Whether an injunction should be granted against HI to prevent abduction or interference

Ratio Decidendi

The court held that the statutory requirements for exercising the inherent jurisdiction (wardship) were not met because the desired result—safe placement and assessment in Pakistan—could be achieved under the Children Act 1989 without wardship. There was no reasonable cause to believe HA would suffer significant harm if the inherent jurisdiction was not exercised. The interim care order should remain in force, and the local authority was granted permission under s.33(7) and Schedule 2 para 19 to place HA with his paternal grandparents in Pakistan for three months for assessment. An injunction was granted against HI to prevent interference or abduction.

Court Disposition

Application for wardship refused; permission granted for placement in Pakistan under interim care order; injunction granted against HI.

Orders

  • HA to remain subject to an interim care order during the assessment period in Pakistan.
  • Permission granted to the local authority under s.33(7) and Schedule 2 para 19 to place HA with paternal grandparents in Pakistan for three months for assessment.