A Child (SGO and Contact), Re

A Child (SGO and Contact), Re

The court declined to make a Special Guardianship Order for the second respondent due to incomplete compliance with statutory reporting requirements, directed provision of missing information and a support plan, and ordered indirect contact only, finding direct contact would be harmful given the child's opposition and emotional distress. The child's welfare, emotional stability, and need for secure placement were paramount.

Parties
Applicant: AB; Applicant: BA; Respondent: CD; Respondent: DC
Jurisdiction
England and Wales
Judgment Date
04 May 2024
Procedural Posture
Child Arrangements and Special Guardianship / Final Judgment
Outcome
SGO application adjourned pending addendum report; child arrangements order for indirect contact only; guardian not appointed.
Legal Topics
Special Guardianship Order, Contact Arrangements, Welfare Checklist, Parental Responsibility, Support Plan
Family Law Child Welfare Special Guardianship Order Contact Arrangements Welfare Checklist Parental Responsibility Support Plan

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Parties

AB

Applicant

BA

Applicant

CD

Respondent

DC

Respondent

Procedural Posture

Child Arrangements and Special Guardianship / Final Judgment

Legal Issues

  1. 1 Whether a Special Guardianship Order (SGO) should be made for the second respondent
  2. 2 Appropriate contact arrangements between the child and applicants
  3. 3 Compliance with SGO regulations and requirements

Ratio Decidendi

The court declined to make a Special Guardianship Order for the second respondent due to incomplete compliance with statutory reporting requirements, directed provision of missing information and a support plan, and ordered indirect contact only, finding direct contact would be harmful given the child's opposition and emotional distress. The child's welfare, emotional stability, and need for secure placement were paramount.

Court Disposition

SGO application adjourned pending addendum report; child arrangements order for indirect contact only; guardian not appointed.

Orders

  • Social worker to provide addendum addressing missing SGO report information within 6 weeks.
  • Social worker to provide limited support plan for SGO, specifically addressing support for managing contact and adult mediation.