Q&As

Where a child is represented separately within care proceedings and the child is competent to give instructions and wishes to move to live with her paternal grandmother in Israel, what application can be made on behalf of the child and what form should be used?

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Produced in partnership with Ruth Cabeza of Field Court Chambers
Published on LexisPSL on 22/11/2017

The following Family Q&A produced in partnership with Ruth Cabeza of Field Court Chambers provides comprehensive and up to date legal information covering:

  • Where a child is represented separately within care proceedings and the child is competent to give instructions and wishes to move to live with her paternal grandmother in Israel, what application can be made on behalf of the child and what form should be used?

Pursuant to section 22C of the Children Act 1989 a local authority, where a looked after child cannot be cared for by their parents, must consider family members or other connected persons before placing a child with foster carers unknown to the child. This is a continuing duty, although before moving a child who has already been placed with foster carers to a connected persons placement, consideration would need to be given to the impact on the child of moving them.

The fact that the proposed assessment relates to a placement overseas does not really change these fundamental principles. Overseas placement will always raise complexities in relation to:

  1. assessment of the foreign relatives (in this case the grandparents)

  2. ensuring that the orders made by the English court are either recognised or mirrored in the state where the child will live (for example Israel)

  3. immigration issues, if the child is not a citizen of the state where it is proposed she live (for example Israel); and

  4. support to the family, for example, if the child has specialist health (including psychological) needs or educational needs

It is likely that the court would require

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