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Family Law

The leading authority on all aspects of family law

24 JAN 2011

CARE PROCEEDINGS: Islington London Borough Council v EV [2010] EWHC 3240 (Fam)

(Family Division; Eleanor King J; 9 December 2010)

The mother who had mental health problems and father, a Turkish national living in Turkey, were divorced. The child was living with its maternal grandmother and adult half-brother. The local authority care plan proposed that the child to return to his father's care in Turkey under a residence order. The Official Solicitor, for the mother, argued that the appropriate jurisdictional route was to impose an interim care order with permission to place the child outside the jurisdiction under the Children Act 1989 Schedule 2 para 19.

Held that where a child was to be placed abroad with his father pending a final hearing in care proceedings, the jurisdictionally correct order was one under paragraph 19 of Schedule 2 of the Children Act 1989 rather than a wardship and interim residence order. The interim care order should remain in place so that the local authority could exercise its parental authority should it need to, as this was in the best interests of the child.

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