J and S (Children), Re
2014
FAMILY DIVISION
United Kingdom
CORAM
- SIR JAMES MUNBY PRESIDENT OF THE FAMILY DIVISION
Areas of Law
- Family Law
- Human Rights Law
- Civil Procedure
2014
FAMILY DIVISION
United Kingdom
CORAM
AI Generated Summary
This case dealt with Slovakian Roma parents seeking to oppose adoption orders and transfer proceedings to Slovakia. Their applications were denied due to procedural issues, lack of change in circumstances, and late stage of the proceedings. Previous judgments and refusal of interim measures by the European Court of Human Rights also played crucial roles.
Judgment
Sir James Munby, President of the Family Division :
I have before me applications by a father and a mother for leave pursuant to section 47(5) of the Adoption and Children Act 2002 to oppose the making of adoption orders in relation to two of their children, J and S, boys born respectively in 2010 and 2012. The parents are Roma from the Slovak Republic. They also apply for the transfer of the proceedings to the Slovak Republic in accordance with Article 15 of the Regulation commonly known as Brussels II revised (BIIR). Those applications are made on their behalf by Ms Marie-Claire Sparrow, acting pro bono. There are communications from the Central Authority of the Slovak Republic, The Center for the International Legal Protection of Children and Youth, dated 10 April 2014, 25 April 2014 and 15 May 2014, recognising the jurisdiction of this court but seeking in accordance with Article 56 of BIIR the placement of the children in what is described as foster care in a named children’s home in the Slovak Republic.
All of this is resisted by the local authority, Kent County Council, represented by Mr Roger Hall, by the prospective adopters, represented by Ms Cherry Harding, and by the children’s guardian, represented by Mr Jeremy Hall.
The background
This is a very sad case. The background is set out in a judgment given by Theis J on 3 May 2013: Kent County Council v IS and Others [2013] EWHC 2308 (Fam) , [2014] 1 FLR 787 . In that judgment Theis J explained why, in relation to the two children with whom I am now concerned, she had decided to make care and placement orders. That judgment, which is available freely to all on the BAILII website, requires neither summary nor quotation, save in relation to two matters.
The first goes to a point understandably relied on by those who resist the parents’ application: Theis J’s findings in relation to the parents’ non-acceptance of other peoples concerns and their inability to change. Theis J’s judgment requires to be read as a whole, and the passages I select need to be read in context, but for present purposes what is important are her findings (para 58) that:
“The parents have made it clear they do not accept the concerns about their parenting in the past and, in effect, can see no basis to change how they parented the children in the past. Without any insight there is no prospect for any change”
and that:
“if the children returned to the care of their parents there would be no change in the par