UTIAC A residence order or prohibited steps order made by a judge of the family court under s.8 of the Children Act 1998 do not bind the Secretary of State for the Home Department.
The decisions of family courts in respect of the welfare and best interest of children are important sources of information for judges considering immigration appeals. If an appellant wishes to advance a case that the child’s welfare will be jeopardised by removal because it would break up existing patterns of contact with another parent or relative, one would expect to see clear and reliable evidence submitted to that effect. See RS (immigration and family court proceedings) India [2012] UKUT 00218(IAC).
McFarlane LJ
[2012] UKUT 216 (IAC)
Bailii
England and Wales
Immigration, Family
Updated: 01 November 2021; Ref: scu.461940