D (International SGO), Re
[2024] EWFC 353
Coventry City Council v The Mother (BB) & Ors.
26 May 2023
[2023] EWHC 1284 (Fam)
High Court
A little boy's parents were fighting over who should take care of him. Because both parents were behaving badly and one was in jail, a judge decided it was best for the boy to live with his aunt and uncle in Florida, with supervised visits from his parents.
Key Facts
- •XX, a 3.5-year-old boy, is a US citizen involved in a complex international custody case.
- •Parents (AA and BB) are US citizens with a highly acrimonious relationship involving numerous allegations of abuse.
- •XX is currently in UK local authority foster care.
- •Mother (BB) has a history of mental illness and erratic behavior, including an attempt to abduct XX.
- •Mother (BB) is incarcerated in the USA facing child abduction charges.
- •Father (AA) has been accused of psychological abuse and coercive control towards the Mother.
- •Father (AA) has engaged in abusive and intimidating behavior towards professionals involved in the case.
- •Local Authority (LA) and Children's Guardian (CG) propose placing XX with his maternal aunt and uncle (A&U) in Florida.
- •Father (AA) wants custody of XX in California.
Legal Principles
Standard of proof in fact-finding hearings is the balance of probabilities.
Re B [2008] UKHL 35
Burden of proof lies with the local authority.
Re M (Fact-Finding Hearing: Burden of Proof) [2012] EWCA Civ 1580
Findings must be based on evidence, not speculation.
Re A (A Child) (Fact-finding Hearing: Speculation) [2011] EWCA Civ 12
Court must consider the 'wide canvas' of evidence.
Re U; Re B [2004] EWCA Civ 567; Re T [2004] EWCA Civ 558
Hearsay evidence is admissible but requires careful consideration.
Re A (Application for Care and Placement Orders: Local Authority Failings) (2016) 1 FLR 1
Court must link facts to alleged harm or risk.
Re A (Application for Care and Placement Orders: Local Authority Failings) (2016) 1 FLR 1
Courts must accept diverse parenting, but not abusive behavior.
Re B (A Child) (Care Proceedings: Appeal) [2013] UKSC 33; Re A (2016) 1 FLR 1
Child's best interests are paramount, but upbringing by birth family should be considered unless welfare dictates otherwise.
Re B-S (Adoption: Application of s 47(5)) [2014] 1 FLR 1035
Judicial exercise should be a holistic evaluation of all options.
Re G (A Child) [2013] EWCA Civ 965
Outcomes
Special guardianship order in favor of the maternal aunt and uncle (A&U) in Florida.
Both parents pose significant risks to XX. The Mother's mental illness and erratic behavior, and the Father's psychological abuse and intimidation of professionals, make them unsuitable caregivers. The A&U offer a stable and safe environment, and are committed to XX's well-being.
Contact orders with both parents, to be supervised in Florida.
To maintain a relationship with both parents while mitigating risks of harm or manipulation.