A v B, C, D and the Local Authority [2025] EWFC 464 (B) (17 February 2025)

A v B, C, D and the Local Authority [2025] EWFC 464 (B) (17 February 2025)

Special Guardianship order is approved for the aunt and uncle as it meets E's welfare needs and provides stability; mother's request for unsupervised direct contact is refused as premature due to lack of existing relationship, need for gradual reintroduction, and requirement for risk assessments; contact...

Source-derived case information.

Citation
[2025] EWFC 464 (B)
Parties
Applicant Father: A; First Respondent Paternal Aunt: B; First Respondent Paternal Uncle: C; Second Respondent Mother: D; Third Respondent Local Authority: [Redacted] Local Authority; Child: E (child) through Guardian F
Jurisdiction
England and Wales
Judgment Date
17 February 2025
Procedural Posture
Family Law Child Welfare / Final Hearing; Judgment on Special Guardianship and Contact Arrangements
Outcome
Special Guardianship order granted to aunt and uncle; mother's application for unsupervised direct contact refused; contact arrangements approved as per support plan with amendments.
Legal Topics
Special Guardianship, Care Order Discharge, Child Arrangements, Contact With Parent, Local Authority Duties
Family Law Child Welfare Special Guardianship Care Order Discharge Child Arrangements Contact With Parent Local Authority Duties

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Summary, issues, holding and outcome

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Parties

A

Applicant Father

B

First Respondent Paternal Aunt

C

First Respondent Paternal Uncle

D

Second Respondent Mother

[Redacted] Local Authority

Third Respondent Local Authority

E (child) through Guardian F

Child

Procedural Posture

Family Law Child Welfare / Final Hearing; Judgment on Special Guardianship and Contact Arrangements

Legal Issues

  1. 1 Should a Special Guardianship order be made to the aunt and uncle for E?
  2. 2 What contact arrangements should be made for the mother, including whether unsupervised direct contact should be ordered?
  3. 3 Should a child arrangements order be made and on what terms?

Ratio Decidendi

Special Guardianship order is approved for the aunt and uncle as it meets E's welfare needs and provides stability; mother's request for unsupervised direct contact is refused as premature due to lack of existing relationship, need for gradual reintroduction, and requirement for risk assessments; contact arrangements as per support plan are approved, with amendments for drug and alcohol testing of the mother.

Court Disposition

Special Guardianship order granted to aunt and uncle; mother's application for unsupervised direct contact refused; contact arrangements approved as per support plan with amendments.

Orders

  • Special Guardianship order to aunt and uncle for E
  • Contact arrangements for mother: indirect contact every two months, risk assessment after 6 months, supervised direct contact if positive, further risk assessment after 12 months, aunt and uncle to supervise contact thereafter