Complex Care Proceedings with Cross-Border Considerations

Public Law Order (PLO) Solicitors
Navpreet Virk-Kooner
Case study by: Navpreet Virk-Kooner
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Background

Cartwright King’s Family Law team, led by Navpreet Virk-Kooner, represented a father in complex care proceedings following the removal of children under an Interim Care Order. The case centred on serious concerns of domestic abuse and alcohol misuse, raising sensitive safeguarding issues as well as cross-border considerations.

Local Authority Action

The father’s escalating alcohol dependency resulted in a medical crisis that left the children without safe care. This incident prompted the Local Authority to seek urgent care orders.

Changes in Circumstances

While the parents initially presented a united front, the mother made more substantial progress in her parenting assessment. The couple later separated, and individual contact arrangements were established for each parent.

Consideration of Extended Family

The mother identified her cousin and her cousin’s husband, who live in the USA, as alternative carers. Despite positive Initial Viability and CFAB assessments, and the couple travelling to the UK for supervised contact, the Local Authority determined that an international move would not be in the children’s best interests, given the lack of an established bond and the disruption such a placement would cause.

The Local Authority’s Final Care Plan

Key recommendations included:

  • Transitioning the children back into their mother’s care under a final Care Order with one year of oversight, conditional on her demonstrating sustained abstinence and completing therapeutic support.
  • Gradual reductions in parental contact, with the possibility of increasing arrangements if the mother maintained progress.
  • Continued separate parental contact.
  • Hair strand testing for alcohol use prior to any transition, replacing daily breathalyser testing.

Parties’ Positions

Throughout proceedings, the mother accepted responsibility for her relapse and the impact this had on the children. She engaged positively with therapeutic support and remained committed to achieving abstinence, seeking the children’s return to her care once she could evidence sustained progress. In the alternative, she asked the Court to consider placement with her extended family in Florida, should return to her care not prove possible.

The father adopted a neutral stance in relation to the making of final care orders but made clear his opposition to the children being placed abroad. He expressed hope that the children might one day return to their mother’s care and sought supervised weekend contact, which has been facilitated by his extended family members.

The Children’s Guardian supported the Local Authority’s final plan. While noting the mother’s progress, she remained concerned about prior breaches of the safety plan and underlined the importance of having a clear contingency should reunification not succeed.

Outcome

The Court granted final care orders and approved the Local Authority’s plan, supporting a cautious pathway toward reunification with the mother, subject to continued progress and evidence of sobriety.

Conclusion

This case showcases Cartwright King’s Family Law team’s strength in handling high-stakes, sensitive care proceedings with cross-border dimensions. Guided by the expertise of Navpreet Virk-Kooner, the team provided robust and strategic advocacy that ensured the father’s perspective was effectively represented while keeping the children’s welfare at the forefront.

Our East Midlands Child Care team continues to be recognised for its ability to combine compassionate client care with technical excellence, offering specialist support in cases where family law, safeguarding, and international considerations intersect.