Reunification Across Borders: A High Court Decision on the Return of a Foreign Child to Family Care in Brazil

Baljit and Diana represented the First Respondent Mother in care proceedings concerning her (now) 3-year old child. Due to the complexity of the matter, this case was transferred to the High Court. The parents are Brazilian nationals. These proceedings were issued in late 2022 as significant fractures were identified on the child’s body. No explanation was provided for these injuries.

A Fact-Finding Hearing took place from Monday 19th February to 15th March 2024 (not including 22nd and 23rd February 2024). The Court found that the Father was the perpetrator. No findings were made against the Mother or the grandmothers. However, the Court made observations about the Mother’s naivety and vulnerability and that as a result, a robust welfare assessment of her shall be undertaken.

In May 2024, the Court gave permission for the Mother and the maternal grandmother to undertake joint and separate parenting assessments. Unfortunately, the outcome of these assessments were negative. However, we put forward a positive case for the child to return to the Mother and the maternal grandmother with the support of the maternal family in Brazil. Very detailed written evidence was given about the family plans should the child return to the Mother and maternal grandmother in Brazil. A 10-day Final Hearing took place in June and July 2025. The Court dismissed the Local Authority’s applications for a placement and care order, and allowed the child to return to the mother’s and maternal grandmother’s care back in Brazil. This case has been recently reported as it is relevant for the case law regarding the adoption of a foreign child - https://www.bailii.org/ew/cases/EWHC/Fam/2025/3032.html. We are pleased that a positive outcome has been reached for our client and her family. She has now returned back to Brazil with the maternal grandmother and her son.

‍