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.