Two brothers, Oliver and James, lost their mother. Their dad, who lives in Poland, wanted them to live with him. The court decided it was best for them to go to Poland to be with their dad and family, even though there were some concerns about the dad's ability to care for James, who has special needs. The judge felt the benefits of being with family and maintaining their Polish heritage outweighed the risks.
Key Facts
- •Care proceedings concerning two brothers, Oliver (11) and James (8), and their father, Simon.
- •Mother, Jane, deceased.
- •Children are Polish nationals, born and raised in the UK.
- •Simon was imprisoned and deported to Poland in 2017.
- •Children were placed in interim care by the London Borough of Hillingdon.
- •Simon sought to have the children placed with him in Poland.
- •James has autism and global developmental delay.
- •Children were initially placed together in a residential unit, but a plan to separate them emerged.
- •An assessment of Simon was conducted in Poland by Polish probation officers.
- •The October 2023 visit to Poland was largely successful, but subsequent concerns arose about Simon's commitment to caring for the children.
Legal Principles
Paramountcy of the child's welfare.
Children Act 1989, s1(3)
Threshold criteria for care order: significant harm.
Children Act 1989, s31
Proportionality, reasonableness, necessity, and legality of care orders under Article 8 ECHR.
Article 8 ECHR
Comity in international child care cases.
Warrington Borough Council v TN & JN [2020] EWFC 79
Outcomes
Rehabilitation transition to Poland with the children residing in their father's care.
This outcome prioritizes the children's welfare, considering their wishes, needs, and the potential benefits of a culturally appropriate placement with family in Poland, while acknowledging and mitigating potential risks.