P (A Child : SGO and Contact) [2023] EWFC 167 (B) (06 October 2023)

P (A Child : SGO and Contact) [2023] EWFC 167 (B) (06 October 2023)

The court found that the breakdown in adult relationships and the applicants' actions in 2021 caused emotional harm to the child and led to her opposition to contact. The child's welfare required that her placement with the respondents be secured and not undermined. The second respondent's application for an SGO was supported in principle, but a final order could not be made until the statutory requirements for the SGA were met. Direct contact was not in the child's best interests at this time; only indirect contact should occur, with the possibility of review if adult relationships improve.

Citation
[2023] EWFC 167 (B)
Parties
Applicant: AB; Applicant: BA; Respondent: CD; Respondent: DC
Jurisdiction
England and Wales
Judgment Date
06 October 2023
Procedural Posture
Family / Final Judgment After Contested Hearing
Outcome
Application for immediate direct contact refused; indirect contact ordered; final SGO for second respondent deferred pending compliant report.
Legal Topics
Special Guardianship Order, Child Arrangements, Contact Orders, Welfare of the Child, Parental Responsibility
Family Law Special Guardianship Order Child Arrangements Contact Orders Welfare of the Child Parental Responsibility

Case Brief

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Parties

AB

Applicant

BA

Applicant

CD

Respondent

DC

Respondent

Procedural Posture

Family / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether a Special Guardianship Order (SGO) should be made in favour of the second respondent
  2. 2 Whether direct or indirect contact between the applicants and the child should be ordered
  3. 3 Whether the requirements for making an SGO under the Children Act 1989 and associated regulations have been met

Ratio Decidendi

The court found that the breakdown in adult relationships and the applicants' actions in 2021 caused emotional harm to the child and led to her opposition to contact. The child's welfare required that her placement with the respondents be secured and not undermined. The second respondent's application for an SGO was supported in principle, but a final order could not be made until the statutory requirements for the SGA were met. Direct contact was not in the child's best interests at this time; only indirect contact should occur, with the possibility of review if adult relationships improve.

Court Disposition

Application for immediate direct contact refused; indirect contact ordered; final SGO for second respondent deferred pending compliant report.

Orders

  • Indirect contact between applicants and child to continue as per professional recommendations.
  • No direct contact at this time; to be reviewed if adult relationships improve.