Cultural relativism in a family placement sense would lead one to say, 'It doesn’t matter that the child would have a very different life to the one she might have if she stayed in the UK, one isn’t looking for "good enough for the UK" but whether the placement is "good enough for the country she will be living in"'.
It shouldn’t be a ‘beauty contest’ between what life is like in England and in the comparison country.
That might be progressive and a good thing, it isn’t for someone like me to say, and of course one benefit of cultural relativism in that sense is that it avoids the child missing out on what could be a very happy placement within the family just because the child would be materially worse off (that sort of decision-making smacks of the social engineering that the courts have rightly frowned on).
There remains, however, the Welfare Checklist. I know that the Welfare Checklist isn’t very popular any longer – it is becoming unusual to see it in a Court of Appeal judgment and we seem to be in a phase where it is being purged from first Guardian’s reports and now the standardised model for social work statements – out of favour and to be yanked out by the roots and obliterated from existance like an unwanted visit of Japanese knotweed.
It does, however, remain both law and the best analytical toolkit for making decisions about children, and this is the relevant portion for these purposes:
'(c) The likely effect on the child if circumstances changed as a result of the court’s decision.'
The older the child is, the more impact the relocation to another country and culture, perhaps another language is going to have. But there are also socio-political issues to consider.
If the child is going to be placed in a country where life opportunities for their gender is severely restricted, where it is not somewhere that they can expect to receive education, where unemployment and adult poverty is high, where diseases like cholera and dysentery still exist, where child mortality is high, where there are wars and the prospect of exposure to violence, where female genital mutilation is practiced [see http://www.who.int/reproductivehealth/topics/fgm/... for a table that will shock you] are those not factors that can properly be taken into account?
Part of our routine assessments on prospective foster carers and prospective adopters cover their attitude to homosexuality and tolerance if this were to be something that would be relevant for a child in later life. It would be difficult to imagine a foster carer or adopter who was openly homophobic being approved as such a carer, but cultural relativism might mean that we turn a blind eye to the many countries in the world that are openly homophobic and even criminalise the practice.
Does our desire to avoid social engineering mean that we should not take into account risks that might exist to the child in other countries? I would suggest that as soon as you do the thought experiment below, you will see that cultural relativism only goes so far.
There is a tribe in New Guinea, who in common with many other people in the world celebrate the coming of age of male children and have traditions and inductions. It so happens that their particular belief and tradition is that the more semen a pubescent boy can ingest, the stronger he will grow up to be. The elder men of the tribe all help the boy in this ritual, which can go on for months. Do you feel that you would argue that a child should be placed with an uncle who lives in that tribe?[Or the North Sentinel Island, where every interaction with strangers (bar one) to date has resulted in violence?]
Of course, that’s an extreme example (it was the example I happened upon that prompted me to think of this piece) but it shows that there is a line, and for different people that line might be drawn in different places – it is not simply ‘if it is okay in X country, then it is okay for the child whose family come from X to be placed there'.
As a less vivid example, how do you feel about the boy being placed with his uncle in Gaza?
If professionals and judges are going to be making decisions about the circumstances of other countries (and considering whether particular carers are ‘good enough’ in terms of what one could reasonably expect in that country) both are likely to need some solid information to make those decisions accurate. One can’t expect family lawyers to have expertise on usual standards of living in Burkina Faso, the suicide rate amongst troubled adolescents in Finland or the geo-political risks of conflict in Angola.
The views expressed by contributing authors are not necessarily those of Family Law or Jordan Publishing and should not be considered as legal advice.
The website image has been kindly reproduced under the Creative Commons Licence. (By Monisha.pushparaj (Own work) [CC-BY-SA-3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons)