International Child Law: Care proceedings
James Maguire acted for the High Commissioner of the Republic of Kenya in the case of Haringey, London Borough Council v C (E, E, F and High Commissioner of Kenya intervening).
The child in this particular case had been the victim of child trafficking. The Local Authority sought a care order and a declaration freeing the child for adoption. The woman had been deceived into thinking that she had given birth to a child and requested a residence order. Both she and her husband persisted in their belief that although the child did not share their DNA, he was their child by conception and birth, and was the result of a miracle.
James Maguire assisted the Kenyan Authorities in relation to their wish to have the child repatriated to Kenya. However, the Kenyan Authorities then did not formally seek the return of the child to Kenya as regrettably the child’s natural parents had not been identified despite searches being undertaken.
The High Court refused to place the child with the couple who believed they were the child’s parents. Neither the husband nor the wife were able to acknowledge that the child had in fact been removed from his real parents in Kenya. It was also a concern that both the husband and the wife believed that the child would be a special or miracle child in life as well as in birth. The Local Authority care plan was approved and the freeing order for adoption made.
To see a copy of the reported judgement please click here: Haringey LBC v E and Kenya
James Maguire & Co is a specialist firm of Family Law solicitors based in Wilmslow, Cheshire. We offer legal advice to parties going through a divorce including the financial issues which flow from this and children matters including child maintenance. We can also advise on Schedule 1 Children Act 1989 applications.
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