Court approves placement of child abroad despite immigration risks

Laura Williams of the Garden Court Family Law Team successfully represented the local authority in care proceedings concerning the placement of a child in Jamaica.

The case was unusual as the proposed plan to place the child in Jamaica was with an individual who has no biological tie to the subject child. Their connection arose due to the fact that the proposed carer is the paternal aunt and special guardian of the child’s maternal half-sibling.

The absence of a biological tie created both legal and practical complexities. In particular, the plan carried significant immigration risks. The court heard evidence from two experts in Jamaican family and immigration law.

Although the safer option in the short term looked to be adoption in the domestic jurisdiction, the court approved the placement in Jamaica, despite the uncertain immigration position. The longer-term welfare advantages to the child of growing up with a sibling outweighed the immediate risks.

The case is reported in BAILII: D, Re (Placement in Jamaica) (Rev1) [2025] EWFC 306 (B)