Court approves children's return to France in best interests decision

Introduction

The High Court of Justice, Family Division, presided over by The Honourable Mr Justice Garrido, delivered a significant ruling on 28 February 2025 concerning the welfare of two children who arrived in England unaccompanied. The case, titled Re K (Children) (No. 2), involved complex issues surrounding the children's best interests and their potential return to France to reunite with their parents.

Background

The case arose after the children, aged 6 and 9, arrived in England on a small boat from France without their parents. They were subsequently accommodated by Kent County Council under section 20 of the Children Act 1989. The primary legal question was whether it was in the children's best interests to be returned to France to live with their parents, who had been refused entry clearance to the UK.

Legal Proceedings

The proceedings were part of a broader legal context, as detailed in a concurrent judgment addressing whether the High Court had the power to implement a return order pending the determination of the children's asylum claims in the UK. The court concluded that it did have such power. The case before Mr Justice Garrido involved a consent order agreed upon by all parties, including the Secretary of State for the Home Department as an intervener, to return the children to France.

Reunification Mechanism

An accelerated mechanism was developed to facilitate the children's swift return to France, bypassing the lengthy referral process typically required under the 1996 Hague Convention. The arrangement involved the children flying to France with a social worker and being handed over to their parents at the airport. This bespoke solution was made possible through cooperation between UK and French authorities, demonstrating commendable international collaboration.

Best Interests of the Children

The court's primary consideration was the children's welfare. Reports from social workers, a consultant child and adolescent psychiatrist, and the children's guardian were considered. The children expressed a consistent desire to be reunited with their parents, and professional assessments indicated that reunification would best serve their emotional and developmental needs.

Challenges and Considerations

Despite the positive outlook for reunification in France, the court acknowledged the potential challenges the children might face, such as adapting to a new environment and the emotional impact of leaving their foster carers and school in England. However, the court noted that these changes would be mitigated by the love and support of their parents.

Conclusion

Mr Justice Garrido concluded that the consent order for the children's return to France was in their best interests. The court emphasised the importance of swift reunification to prevent further emotional harm and acknowledged the parents' commitment to ensuring their children's safety and wellbeing. The ruling highlighted the court's role in balancing legal considerations with the paramount importance of children's welfare.

Learn More

For more information on UK family law, see BeCivil's guide to UK Housing Law.