AB v XX & Anor (Special Guardianship Orders) [2023] EWFC 287 (08 October 2023)

AB v XX & Anor (Special Guardianship Orders) [2023] EWFC 287 (08 October 2023)

It is unnecessary and disproportionate to grant a Special Guardianship Order for the purpose of routine childcare arrangements, and using the order to support an immigration application is an abuse of jurisdiction. Leave to apply is refused.

Citation
[2023] EWFC 287
Parties
Applicant: AB; First Respondent: XX; Second Respondent: ZZ
Jurisdiction
England and Wales
Judgment Date
08 October 2023
Procedural Posture
Application for Special Guardianship Order / Leave to Apply for Special Guardianship Order
Outcome
Leave to apply for Special Guardianship Order refused
Legal Topics
Special Guardianship Order, Children Act 1989, Abuse of Process, Immigration and Family Proceedings
Family Law Child Law Special Guardianship Order Children Act 1989 Abuse of Process Immigration and Family Proceedings

Case Brief

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Parties

AB

Applicant

XX

First Respondent

ZZ

Second Respondent

Procedural Posture

Application for Special Guardianship Order / Leave to Apply for Special Guardianship Order

Legal Issues

  1. 1 Whether leave should be granted for an application for a Special Guardianship Order by a maternal uncle
  2. 2 Whether the application constitutes an abuse of the Special Guardianship Order jurisdiction

Ratio Decidendi

It is unnecessary and disproportionate to grant a Special Guardianship Order for the purpose of routine childcare arrangements, and using the order to support an immigration application is an abuse of jurisdiction. Leave to apply is refused.

Court Disposition

Leave to apply for Special Guardianship Order refused

Orders

  • Application for leave to apply for Special Guardianship Order is dismissed