Max Konarek, assisted by Alison Barar, represented a parent in a complex public law proceedings concerning a young child who had been living with extended family members for a prolonged period under a care order. Following extensive assessments and a contested final hearing, the court approved a plan for the child to return to the full-time care of both parents in another jurisdiction, representing a significant and positive outcome for our client and his family.

Background

The case involved a child who had been subject to a full care order for a number of years and placed with relatives. There were vary serious historical concerns which had led to the child's removal from parental care, including serious safeguarding issues and the parents' previous convictions.

At the time proceedings were issued, the Local Authority's primary concerns centered on:

• The risk of emotional harm to the child

• The potential for exposure to harmful ideologies

• Safeguarding risks linked to the parents' past conduct

• The complexities of a proposed placement outside the jurisdiction

Given the international element and the nature of historic concerns, the case required careful judicial consideration and involved a High Court judge.

Key Developments

Throughout the proceedings, our client demonstrated significant progress. This was evidenced through:

• A detailed psychological assessment, which concluded there had been a genuine shift in beliefs and that the risk of harm to the child had reduced considerably

• An independent parenting assessment, which found that the parents were able to meet the child's needs and had demonstrated insight, engagement and the capacity to provide safe care

• Evidence of positive and consistent contact between the child and parents

• The establishment of a stable home environment abroad, supported by extended family

Importantly, the Local Authority ultimately aligned with the position that the child should return to the parents' care.

Our Approach

Alongside Max Konarek, Lee Arnot of 29 Bedford Row was also instructed in the case, advancing a clear and consistent case that:

• The parents had made meaningful and sustained changes

• The risk profile had significantly reduced

• The child's welfare would be best served by reunification with both parents

• Any ongoing support could be managed without disproportionate state intervention

A key aspect of our client's case was challenging the necessity of continued public law orders. We argued that maintaining a care order in circumstances where the child was to live with their parents would be neither proportionate nor appropriate.

Outcome

At the conclusion of the final hearing, the court approved a plan for the child to return to the care of both parents.

The court made provision for:

• A structured transition to enable the child to move safely to the parents' care

• The child's relocation to live with the parents

• A time-limited period of supervision, reflecting the progress made and reduced level of risk

This marked the successful reunification of the family after a lengthy period of separation.

Why This Case Matters

This case highlights several important principles:

• Change is possible: Even where there are serious historic concerns, parents who engage meaningfully with assessments and demonstrate insight can achieve reunification

• Proportionality is key: The court will carefully scrutinise whether continued state intervention is justified, particularly where risks have reduced

• International elements can be managed: With proper planning and cooperation, cross-border placements can be successfully achieved in a child's best interests

• Child-focused outcomes prevail: Ultimately, the court's decision was guided by the child's welfare and the long-term benefit of being raised by their parents

Conclusion

This was a complex and sensitive case involving serious historic concerns, expert evidence, and international considerations. Through careful preparation, robust advocacy, and a clear focus on the child's welfare, we secured a positive outcome for our client.

The result allowed our client to resume full-time care of his child, achieving a safe and supported reunification of the family.