I (A Child), Re [2012] EWCA Civ 1765 (20 November 2012)

I (A Child), Re [2012] EWCA Civ 1765 (20 November 2012)

The judge was not obliged to address special guardianship in detail as it was not properly argued at trial, and his decision not to make a contact order was a proper exercise of discretion, supported by the evidence and statutory framework. There was no flaw in the judge's reasoning or process.

Citation
[2012] EWCA Civ 1765
Parties
Appellant: Father; Appellant: Paternal Grandmother; First Respondent: London Borough of Croydon; Second Respondent: Mother; Third Respondent: Child (A) by her Children's Guardian
Jurisdiction
England and Wales
Judgment Date
20 November 2012
Procedural Posture
Appeal / Judgment on Appeal From Family Division, Principal Registry
Outcome
Appeal dismissed
Legal Topics
Adoption, Special Guardianship, Contact Orders, Article 8 ECHR, Placement Orders
Family Law Child Law Adoption Special Guardianship Contact Orders Article 8 ECHR Placement Orders

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Parties

Father

Appellant

Paternal Grandmother

Appellant

London Borough of Croydon

First Respondent

Mother

Second Respondent

Child (A) by her Children's Guardian

Third Respondent

Procedural Posture

Appeal / Judgment on Appeal From Family Division, Principal Registry

Legal Issues

  1. 1 Whether the judge erred by failing to consider special guardianship as an alternative to a placement order
  2. 2 Whether the judge erred in failing to make or consider a contact order in favour of the appellants

Ratio Decidendi

The judge was not obliged to address special guardianship in detail as it was not properly argued at trial, and his decision not to make a contact order was a proper exercise of discretion, supported by the evidence and statutory framework. There was no flaw in the judge's reasoning or process.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no order for special guardianship or contact made; placement order stands.