Caselaw Digest
Caselaw Digest

Natalia (Placement with Grandparents in Poland), Re

[2024] EWFC 269 (B)
A little girl was living in a dangerous home with lots of fighting. A judge decided it was best for her to live with her loving grandparents in Poland. International law means the decision will be respected in Poland.

Key Facts

  • Natalia, a 6-year-old girl, was the subject of care proceedings due to concerns about domestic abuse, neglect, and alcohol misuse within her household.
  • Natalia's mother, Ms D, and father, Mr E, are Polish nationals living in England. Mr E had limited involvement in Natalia's life.
  • Ms D's relationship with Mr F was characterised by domestic abuse, resulting in multiple police callouts and injuries to Ms D.
  • Natalia was exposed to these incidents of domestic abuse.
  • Natalia's mother sometimes called the police but failed to recognize the harm Natalia was suffering or take action to protect her.
  • A parenting assessment concluded that Ms D lacked insight into the risks she posed to Natalia and was not able to provide safe care.
  • Natalia's maternal grandparents, Mr and Mrs H, residing in Poland, were assessed as suitable long-term carers.
  • The assessments were conducted in England and Poland and concluded positively on the suitability of Mr and Mrs H as carers.

Legal Principles

The court's paramount consideration is the child's welfare.

Children Act 1989, section 1(3)

The court has jurisdiction to make orders for a child's welfare under the Children Act 1989.

Children Act 1989

The 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children applies to cross-border child arrangements.

1996 Hague Convention

Outcomes

A child arrangements order was made placing Natalia with her maternal grandparents in Poland.

The court determined that this placement was in Natalia's best interests, providing stability and security within a loving family environment.

The order will be recognized and enforced in Poland under the 1996 Hague Convention.

Poland is a contracting state to the Convention; the order meets all requirements for recognition and there are no grounds for refusal.

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