A County Council v KO & Ors

A County Council v KO & Ors

Threshold criteria are met due to proven domestic violence, dishonesty, lack of cooperation, and risk of significant harm; neither parent is suitable to care for the children. Special Guardianship Orders in favour of the Paternal Aunt and her husband are appropriate, with permission to remove the children...

Source-derived case information.

Parties
Applicant: A County Council; First Respondent: KO; Second Respondent: RL; Third Respondent: ML and MML (by their Guardian)
Jurisdiction
England and Wales
Judgment Date
01 March 2018
Procedural Posture
Care Proceedings / Final Judgment
Outcome
Special Guardianship Orders granted; permission to remove children from jurisdiction; parental responsibility granted to father for MML.
Legal Topics
Special Guardianship, Parental Responsibility, Removal From Jurisdiction, Threshold Criteria, Domestic Violence, Mental Health, Welfare Checklist
Family Law Child Protection Special Guardianship Parental Responsibility Removal From Jurisdiction Threshold Criteria Domestic Violence Mental Health +1 more

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Parties

A County Council

Applicant

KO

First Respondent

RL

Second Respondent

ML and MML (by their Guardian)

Third Respondent

Procedural Posture

Care Proceedings / Final Judgment

Legal Issues

  1. 1 Whether threshold criteria under Children Act 1989 section 31(2) are met
  2. 2 Whether Special Guardianship Orders should be made
  3. 3 Whether permission to remove children from jurisdiction should be granted

Ratio Decidendi

Threshold criteria are met due to proven domestic violence, dishonesty, lack of cooperation, and risk of significant harm; neither parent is suitable to care for the children. Special Guardianship Orders in favour of the Paternal Aunt and her husband are appropriate, with permission to remove the children permanently to Z, as this placement best serves their welfare.

Court Disposition

Special Guardianship Orders granted; permission to remove children from jurisdiction; parental responsibility granted to father for MML.

Orders

  • Special Guardianship Orders in favour of Paternal Aunt and her husband
  • Permission to remove ML and MML permanently to reside in Z