In a notable ruling featuring Alex Laing, barrister with Coram Chambers, the High Court has sanctioned the return of two young children to France for reunification with their parents, following a case that reflects the complexities of immigration, child welfare and international law.
The children, aged six and nine, reached the UK in July 2024 via a precarious small boat crossing alongside many others. After their departure from their parents, they ultimately found themselves in the care of Kent County Council.
This ruling comes on the heels of a prior decision affirming the court’s authority to implement return orders prior to the resolution of an asylum claim. The court was presented with a consent order that had garnered unanimous agreement from all involved parties: Kent County Council, the children’s parents, and the Secretary of State for the Home Department (SSHD). This collaboration has enabled a swift return process, thereby circumventing potential holdups at times associated with the 1996 Hague Convention.
Central to the court’s deliberations were the welfare and emotional well-being of the children, as well as a careful consideration of the risks linked to their parents’ previous actions. Although the court recognised the trauma resulting from the parents’ decision to embark on an illegal journey, significant concerns regarding their parenting capabilities were notably absent. The parents demonstrated heartfelt remorse and assured the court of their commitment not to repeat such unlawful crossings.
The judge articulated that prolonging the children’s separation from their parents would likely inflict considerable emotional harm, a factor that far outweighed any residual concerns about the potential risks involved. With professional opinions resoundingly favouring reunification, the court concluded that the most compassionate and reasonable outcome was to facilitate the children’s return to France, allowing them to rejoin their family.
In summary, this ruling stands as a testament to the court’s determination to prioritise the best interests of children, even amidst the challenges posed by immigration policies. The approval of the consent order highlights a progressive approach towards family reunification, ensuring that emotional welfare takes precedence in the face of adversity.
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