Natalia (Placement with Grandparents in Poland), Re

I am concerned with [Natalia (not her real name)] who is now six years old.

On 29 August 2024 I made final orders in care proceedings concerning Natalia. At the parties’ request, this short reserved judgment sets out the facts and reasons for that decision.

Natalia’s mother, Ms D, and Natalia’s father, Mr E, are both Polish nationals who have lived in England for some years. At the time Natalia was born they were living in [X]. Mr E has parental responsibility for Natalia. Ms D has reported that the relationship was characterised by domestic abuse. [X] City Council was involved with Natalia before and after her birth. Natalia and her mother moved to Oxfordshire in 2020.

Mr E has not seen Natalia for well over two years. He had previously said that he wished to re-establish contact with Natalia and to be in her life, but unfortunately he has not engaged with the local authority, nor with the solicitors engaged to represent him in these proceedings. They were granted permission to cease acting for him on 4 July 2024.

Shortly after she moved to Oxfordshire, Natalia’s mother entered into a relationship with [Mr F]. The local authority became concerned that this relationship was characterised by domestic abuse, alcohol misuse and that Natalia’s basic needs, education and health were being neglected.

Natalia was subject to child in need plans in Oxfordshire in 2020 and 2021, and then a child protection plan. Despite a lot of support being given, the situation was getting worse not better. There were four police call outs to the house in July 2023 in response to reports of domestic abuse. There was an incident of domestic violence on 4 October. On 23 October 2023 the police attended the home once again to find the mother caring for her daughter with blood on her face. Ms D had been punched several times in the face by her partner. Natalia had been present in the home at the time. She then attended hospital with her mother.

A significant concern for the local authority was that although Natalia’s mother would sometimes call the police, she has in general been unable or unwilling to recognise the harm being suffered by Natalia as a result of the domestic abuse she has been exposed to. She has not been able to protect Natalia.

The local authority issued proceedings following which, on 27 October 2023, Natalia was removed from her mother’s care. She has been living in a foster placement since then.

Throughout the course of these proceedings the mother has continued to experience turmoil in her life. She has continued in her relationship with Mr F. She was evicted from the home she shared with Natalia and moved to a caravan. She has continued to struggle with alcohol misuse.

To her credit she has engaged well with children’s services, the parenting assessment of her, and with the proceedings in general. However, the parenting assessment was negative. The assessing social worker concluded that Ms D continues to lack insight into how her personal relationships and living conditions pose a risk to Natalia. She is not even in a position to start making the changes that she would need to make for it to be safe for Natalia to be returned to her care. Natalia needs stability and security throughout her childhood. She cannot wait for her mother to turn her life around.

Since the outcome of the parenting assessment, Ms D has been quite preoccupied with finding work. This has made it difficult for her to be consistent in attending contact sessions with Natalia.

Ms D loves Natalia very much. She wants her to be safe, healthy and happy. While she would have wanted to care for her, she recognises that she is not able to be the parent that Natalia needs her to be.

Ms D’s mother and step-father, Mr and Mrs H, have been positively assessed as long-term carers for Natalia. The assessments took place in England (in December 2023) and by the Polish authorities (in March 2024). Both assessments are thorough and conclude positively. Mrs H and Mr H have been married since 2011. They live in Poland where Mrs H is a nurse, with a specialism in intensive care and palliative care. Mr H fabricates and installs bells in churches. They live in a large apartment in a lovely neighbourhood in Poland with beautiful scenery. They both have secure jobs and are in good health. Natalia is their only grandchild. They have known her since she was a baby and they love her dearly.

As part of these proceedings they have been made aware of the local authority’s concerns about Natalia in her mother’s care. They have reflected carefully and understand that Natalia’s mother was not always open about the reality of the situation. In the course of these proceedings Natalia’s guardian has spoken to the maternal grandmother and was greatly impressed by her understanding of the issues, her insight, and commitment to putting Natalia’s needs first. This is also evidence in a thoughtful and detailed statement Mrs H and Mr H have submitted to the Court.

The Children Act 1989 gives the Court jurisdiction to make orders for Natalia. The local authority brought the proceedings because it considered orders were required to be made to safeguard Natalia’s welfare. At the time the local authority took protective measures in respect of Natalia, she was suffering significant harm and at risk of suffering significant harm as a result of the care she was receiving from her mother. Her father was not present in her life and had contributed to the harmful environment in which Natalia had been raised.

The agreed threshold document is annexed to this judgment.

In considering what order to make, the Court has regard to all the circumstances and in particular the welfare checklist factors.

Having regard to all the evidence I have read, and to the welfare checklist factors set out at section 1(3) of the Children Act 1989. I am in no doubt that Natalia’s welfare needs will best be met by her moving to Poland to live with her maternal grandmother and Mr H. It will be a big change for her to move to another country. However, she will be moving to the home of family members who love her and who she loves in return. They are experienced parents and generous and kind individuals who have welcomed the opportunity to have Natalia in their care. They have travelled over to England to spend time with Natalia. It is proposed that following the hearing and orders being made, they will travel to Poland with Natalia in the next day or two.

The transition has been made easier by the work of Natalia’s social worker CM, who has supported her to build up her relationship with her grandparents, to have Polish lessons, manage her fears of flying in an aeroplane, and more generally to prepare her for the changes that are coming.

Natalia’s foster carers, with whom she has lived for nearly a year, have also been a huge support in helping her, and they will continue to be important figures in Natalia’s life.

Natalia’s mother has also bravely done her best for Natalia by showing her support for the plan. On 12 August 2024 Natalia’s mother accompanied Natalia and her social worker CM to get a Polish passport for Natalia.

The parties have had useful discussions around the times that Natalia will have contact with her mother and their agreement has been recorded in the recitals to the order.

Advice has been obtained from Ruth Cabeza, barrister, who has set out the conditions that must be met in order for the order to be recognised and enforceable in Poland.

The first question is whether to make a child arrangements order or a special guardianship order. I have had regard to Ms Cabeza’s advice, and to the evidence, in particular the social worker’s and guardian’s final analysis. There is no equivalent to a special guardianship order in Poland. The local authority will not be in a position to provide the support that would be provided under a special guardianship support plan; discussions have already taken place with local Polish children’s services who will be available to support Natalia and her grandparents as and when needed. In all the circumstances, there are no benefits to making a special guardianship order rather than a child arrangements order.

As to recognition and enforcement. The 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children applies.

Pursuant to Article 23(1) of the Convention, ‘the measures taken by the authorities of a Contracting State shall be recognised by operation of law in all other Contracting States.’

Both Poland and the United Kingdom are contracting states to the 1996 Convention. Therefore, Poland will recognise the measure taken by an English Court by operation of law, and there is no need for any other steps to be taken to register the order, or obtain a declaration of recognition, or equivalent order from a Polish Court.

However, the Polish Court retains a residual right to refuse recognition, if any of the factors in Article 23(2) were established. None of those factors causes any difficulties in this case. In short the Article 23(2) factors are:

Natalia has been habitually resident in England at all relevant times. The English Family Court does have jurisdiction to make the order.

Natalia has been represented throughout by her children’s guardian, Maria Kirnig, who has made sure that her needs, wishes and feelings have been clearly understood and voiced to the Court.

Natalia’s mother has been represented throughout the proceedings, and has been given every opportunity to be heard. She has given her consent to Natalia’s placement in Poland, expressing her sincere gratitude to her mother and step-father for providing a home to Natalia. Natalia’s father has also been given every opportunity to participate in the proceedings. Notwithstanding this, it is understood that he has contacted the maternal grandparents directly and consented to Natalia’s placement with them.

The Polish authorities have undertaken their own assessments of Natalia’s grandparents and have given their consent to the making of the orders. The orders provide a means of securing the placement of a Natalia, a Polish child of Polish parents with her grandparents in her country of origin. They are plainly not contrary to public policy;

There is no intention for Natalia or her grandparents to leave Poland, let alone go and live in a country that is not a signatory to the Hague Convention. The complex legal circumstance that is described is so unlikely as to be safely discounted as a reason that might cause the Polish authorities to refuse to recognise the child arrangements order in Natalia’s case.

Article 33(1) provides that where an authority with jurisdiction in one contracting state contemplates the placement of a child in another state, it shall first consult with the Central Authority or other competent authority of that state, by transmitting a report on the child together with reasons for the proposed placement.

Article 33(2) provides:

Both Article 33(1) and 33(2) have been complied with. Through the diligent work of Ms Farbrother, the local authority kept the Polish authorities fully informed of its thinking, and submitted information and the draft order well in advance of the decision being made that Natalia could travel to Poland. The Polish authorities carried out their own assessment of Natalia’s grandparents. The local authority obtained the consent of the Polish authorities to placement of Natalia with her grandparents in Poland before the final hearing.

In all the circumstances there is no basis for the Polish authorities to refuse to recognise or implement the child arrangements order in Poland.

I will therefore conclude these proceedings by making a child arrangements order for Natalia in favour of her maternal grandmother and step-grandfather.

The order will take effect in Poland by operation of Article 23(1) of the 1996 Hague Convention so that her maternal grandmother and step-grandfather obtain the equivalent of parental responsibility for her.

I wish Natalia, her grandparents and her mother all the best for the future.

Ms D and Mr E have placed Natalia’s physical, emotional and psychological harm by exposing her to significant domestic abuse within her home, for example:

Ms D has neglected Natalia’s emotional and psychological needs by exposing her to substance and alcohol misuse and the effects thereof, for example:

Ms D and Mr E have neglected Natalia’s physical and emotional welfare needs due to their inability or unwillingness to provide her with a clean and stable home, appropriately manage her health, hygiene and educational needs, for example: