A Local Authority v M & Ors [2024] EWFC 56 (B) (23 February 2024)

A Local Authority v M & Ors [2024] EWFC 56 (B) (23 February 2024)

A Special Guardianship Order for X with her grandmother is necessary to provide stability, security, and exclusive parental responsibility, outweighing the flexibility of a Child Arrangements Order. A supervision order is unnecessary and may undermine the sense of permanence. For Y, a care order with a minimum...

Source-derived case information.

Citation
[2024] EWFC 56 (B)
Parties
Applicant: A Local Authority; 1st Respondent: M; 2nd Respondent: FX; 3rd Respondent: X and Y (acting via their Guardian, Claire Hamblett); 4th Respondent: FY
Jurisdiction
England and Wales
Judgment Date
23 February 2024
Procedural Posture
Family Court Care and Special Guardianship Orders / Final Judgment
Outcome
Care order for Y; Special Guardianship Order for X; Contact order for Y and her father; No supervision order for X.
Legal Topics
Care Orders, Special Guardianship Orders, Child Arrangements Orders, Supervision Orders, Contact Orders, Parental Responsibility
Family Law Child Protection Care Orders Special Guardianship Orders Child Arrangements Orders Supervision Orders Contact Orders Parental Responsibility

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

A Local Authority

Applicant

M

1st Respondent

FX

2nd Respondent

X and Y (acting via their Guardian, Claire Hamblett)

3rd Respondent

FY

4th Respondent

Procedural Posture

Family Court Care and Special Guardianship Orders / Final Judgment

Legal Issues

  1. 1 Whether a Special Guardianship Order or Child Arrangements Order is appropriate for X
  2. 2 Whether a Supervision Order should be made alongside a Special Guardianship Order
  3. 3 Appropriate contact arrangements for Y and her father

Ratio Decidendi

A Special Guardianship Order for X with her grandmother is necessary to provide stability, security, and exclusive parental responsibility, outweighing the flexibility of a Child Arrangements Order. A supervision order is unnecessary and may undermine the sense of permanence. For Y, a care order with a minimum contact order with her father is required to safeguard her welfare and promote her right to a relationship with her father.

Court Disposition

Care order for Y; Special Guardianship Order for X; Contact order for Y and her father; No supervision order for X.

Orders

  • A care order in respect of Y
  • A contact order for Y: minimum two hours direct contact with her father every two weeks