Case No. ZC96-22

2.The background to the case is tragic. K’s birth mother was born and brought up in Country A. His father was a British citizen. The father and birth mother met in Country A where the father was working, and K was born there. When K was very young, his birth mother killed his father in circumstances which are set out in some detail in the court documents that have been disclosed from the criminal proceedings in Country A. I will not set out the details here, but they were horrific as the murder was planned, involved others, and was carried out for financial gain. After a trial mother was convicted of murder and sentenced to life imprisonment, and her appeal was dismissed. There are detailed judgments from both the court of first instance and the Court of Appeal in that jurisdiction, which I have read. 3.K was placed in an orphanage where he remained for several months. The applicants, who are members of the father’s family, went to Country A to apply for custody and permission to bring him to this country. There were court proceedings there, which led ultimately to the birth mother accepting that she was not in a position to care for K. She entered into an agreement, which was ratified by the court, to relinquish custody and parental responsibility in favour of the applicants, and that they could bring him up in this country. 4.K has been cared for by the applicants since that day. They are part of a close and loving wider paternal family. Since coming over here K has had no contact with his birth mother or any member of the maternal family. He and all of the family have suffered trauma as a result of the father’s murder, and they grieve him to this day. K is a British citizen. Proceedings were brought in this country and he was made a Ward of Court, with care and control granted to the applicants. This remained throughout his childhood, but lapsed on his 18th birthday. 5.The applicants wished to make the application some time ago, but did not proceed beyond the stage of giving notice to the local authority as they were originally advised that they would have to have parental consent from K’s birth mother. They were very concerned about the impact of this on K, and other relatives.