M, Re (relinquished baby,threshold, habitual residence and Art 15) [2017] EWFC B6 (10 January 2017)

M, Re (relinquished baby,threshold, habitual residence and Art 15) [2017] EWFC B6 (10 January 2017)

The court has jurisdiction under Article 8 BIIR as Matthew's habitual residence is in England and Wales; threshold criteria are met due to the mother's lack of responsible planning and risk factors; Article 15 transfer to Romania is not indicated as Romanian courts are not better placed and transfer is not in Matthew's best interests; adoption in the UK is the only viable option and best welfare outcome for Matthew, requiring dispensation of the mother's consent.

Citation
[2017] EWFC B6
Parties
Mother: Monica; Child: Matthew; Applicant: Local Authority; Non Party Objector: Romanian Consulate
Jurisdiction
England and Wales
Judgment Date
10 January 2017
Procedural Posture
Care Proceedings and Placement Order / Final Judgment
Outcome
Care order and placement order made; mother's consent dispensed with; adoption plan approved.
Legal Topics
Adoption, Habitual Residence, Article 15 Transfer, Welfare Analysis, Threshold Criteria
Family Law Child Protection International Jurisdiction Adoption Habitual Residence Article 15 Transfer Welfare Analysis Threshold Criteria

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Parties

Monica

Mother

Matthew

Child

Local Authority

Applicant

Romanian Consulate

Non Party Objector

Procedural Posture

Care Proceedings and Placement Order / Final Judgment

Legal Issues

  1. 1 Does the court have jurisdiction to make decisions in relation to Matthew?
  2. 2 Is the statutory threshold crossed for care and placement orders?
  3. 3 Should the case be transferred to Romania under Article 15 BIIR?

Ratio Decidendi

The court has jurisdiction under Article 8 BIIR as Matthew's habitual residence is in England and Wales; threshold criteria are met due to the mother's lack of responsible planning and risk factors; Article 15 transfer to Romania is not indicated as Romanian courts are not better placed and transfer is not in Matthew's best interests; adoption in the UK is the only viable option and best welfare outcome for Matthew, requiring dispensation of the mother's consent.

Court Disposition

Care order and placement order made; mother's consent dispensed with; adoption plan approved.

Orders

  • Final care order in respect of Matthew
  • Placement order authorising adoption in the UK