Many thousands of migrant workers come to England from EU member states under freedom of movement rules and questions frequently arise as to whether the family courts in this country have jurisdiction over them. A judge tackled just such an issue when considering the future of two Polish children.
The children, aged one and two, had been living with their mother in women’s refuges in England following the acrimonious end of their parents’ relationship, which had been characterised by domestic abuse. The children were ultimately placed in temporary foster care and a jurisdiction issue arose after the local authority for the relevant area applied for permanent care orders in respect of them.
The judge noted that the parents had moved from time to time between Poland and the UK and, immediately prior to their most recent arrival in England, had spent 16 months in their homeland. Both children were Polish nationals and the family’s history in England was more one of social isolation than social integration.
The mother’s family support network was firmly based in Poland and she could not be said to have put down roots in England. In those circumstances, the judge found that the children were not habitually resident in England and that he thus had no jurisdiction to consider the council’s application. Contact had been made with the Polish consular authorities with a view to the children’s future being decided by a Polish court.