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The Proceedings before the Family Division
The Proceedings before the Family Division
In addition to this claim for judicial review, Kent County Council has now also applied to the High Court (Family Division) under the Court’s inherent jurisdiction for orders in respect of the children. A first hearing took place on 29 November 2024 at which the SSHD was joined as an interested party. The children have also been joined as parties to those proceedings and their interests are represented by a CAFCASS Guardian and solicitor. The parents are represented in those proceedings by a different firm of solicitors.
The current position in the parallel proceedings appears to be that:
There is ongoing communication and exchange of information between the International Child Abduction and Contact Unit (the English Central Authority) and the French Central Authority regarding the whereabouts of the parents and their plans for the children’s care in France or elsewhere;
A hearing was listed on 21 to 23 January 2025 to consider inter alia, issues of jurisdiction and whether as a matter of law, a court can order the return of a child to another State (and in this case, France) in circumstances where the child has been deemed to have made an asylum application and has, according to the parents’ representatives, an extant human rights claim;
The final hearing is listed before the Family Division on 18, 19 and 20 February 2025.
On 10 December 2024 Mr Justice Garrido ordered that the parents shall, in the event that they intend to change their residential address, inform their family solicitors, Messrs. Osbornes, prior to changing their residential address of their new address, and Messrs. Osbornes shall within 24 hours of receiving such address provide it to all other parties.