HK v PB & Anor

HK v PB & Anor

E's best interests are served by remaining in the care of her aunt in South Africa, given her strong attachment, settled environment, and vulnerability following her mother's death. The risk of harm from removal outweighs speculative benefits of living with her father, especially considering his history of alcohol abuse and lack of support network. Contact with the father should be promoted through clear orders rather than a change of residence.

Parties
Applicant: HK; Respondent: PB; Respondent: EB
Jurisdiction
England and Wales
Judgment Date
24 January 2025
Procedural Posture
Family / Judgment
Outcome
Special Guardianship Order granted to Aunt; E to return to South Africa; Child Arrangements Order for contact with Father
Legal Topics
Special Guardianship Order, Child Arrangements Order, Children Act 1989, Welfare Checklist, Parental Responsibility, Contact Arrangements
Family Law Child Welfare Special Guardianship Order Child Arrangements Order Children Act 1989 Welfare Checklist Parental Responsibility Contact Arrangements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

HK

Applicant

PB

Respondent

EB

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether E should live with her aunt in South Africa or with her father in the UK
  2. 2 Assessment of E's welfare and best interests under Children Act 1989
  3. 3 Impact of father's alcohol consumption on E's welfare

Ratio Decidendi

E's best interests are served by remaining in the care of her aunt in South Africa, given her strong attachment, settled environment, and vulnerability following her mother's death. The risk of harm from removal outweighs speculative benefits of living with her father, especially considering his history of alcohol abuse and lack of support network. Contact with the father should be promoted through clear orders rather than a change of residence.

Court Disposition

Special Guardianship Order granted to Aunt; E to return to South Africa; Child Arrangements Order for contact with Father

Orders

  • E to return to South Africa in Aunt's care
  • Weekly Zoom calls between E and Father