AB v XX & Anor (Special Guardianship Orders)

AB v XX & Anor (Special Guardianship Orders)

It is unnecessary and disproportionate to make a Special Guardianship Order for the purpose of facilitating school collection or routine care by a family member; such orders should not be used to support immigration applications, and the application constitutes an abuse of the court's jurisdiction.

Parties
Applicant: AB; Respondent: XX; Respondent: ZZ
Jurisdiction
England and Wales
Judgment Date
27 February 2024
Procedural Posture
Family / Application for Leave for Special Guardianship Order
Outcome
Application refused
Legal Topics
Special Guardianship Order, Children Act 1989, Abuse of Process
Family Law Special Guardianship Order Children Act 1989 Abuse of Process

Case Brief

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Parties

AB

Applicant

XX

Respondent

ZZ

Respondent

Procedural Posture

Family / Application for Leave for Special Guardianship Order

Legal Issues

  1. 1 Whether leave should be granted for a Special Guardianship Order in favour of the maternal uncle
  2. 2 Whether the application is a misuse of the Special Guardianship Order jurisdiction

Ratio Decidendi

It is unnecessary and disproportionate to make a Special Guardianship Order for the purpose of facilitating school collection or routine care by a family member; such orders should not be used to support immigration applications, and the application constitutes an abuse of the court's jurisdiction.

Court Disposition

Application refused

Orders

  • Leave for the application is refused.