E.U Regulation key in unusual Care Proceedings Case

Christina Mavromati, Solicitor in our Family Department, recently represented the father of a young Polish child subject to Care Proceedings.

The child could not speak English and had no ties to the United Kingdom. The child’s mother was due to be deported back to Poland. The child’s father intended to return to Poland voluntarily. Understandably, neither parent wished to leave the child behind but due to the Care Proceedings, there was a risk that the child would have to remain in the UK. This would have prevented the child from returning to his homeland and having any chance of a relationship with his parents.

Ms Mavromati together with the solicitor for the mother issued respective applications for the transfer of proceedings from the United Kingdom to Poland under the regulations of Brussels II Revised, a European Union Regulation on conflict of issues in Family law between member states. The objective of this being the transfer of proceedings to Poland.

This case was unusual. Although there have been cases in the past where a child has been transferred to the care of a family member in Poland, we believe this to be the first case that a child has been transferred from a professional foster placement in the UK to one in Poland.

The Polish Consulate expressed gratitude to all of the lawyers involved in the case. The welfare of the child was the paramount consideration throughout.

If you require assistance with Care Proceedings or any aspect of Family Law, please do not hesitate to contact Christina or one of her colleagues on 0115 950 3231.