M v MGM

M v MGM

There has not been a significant change in circumstances since the making of the special guardianship order. The changes in M's circumstances are insufficient and the emergence of new allegations does not amount to a significant change as the events were known at the time of the original order. Therefore, the statutory requirement under CA 1989, s14D(5) is not met and leave to apply to discharge the special guardianship order is refused.

Parties
Applicant: M; First Respondent / Special Guardian: MGM; Second Respondent: A local authority
Jurisdiction
England and Wales
Judgment Date
11 March 2022
Procedural Posture
Family (special Guardianship / Contact) / Application for Leave to Discharge Special Guardianship Order and Application for Contact Order
Outcome
Leave to apply to discharge the special guardianship order is refused. The contact application will proceed.
Legal Topics
Special Guardianship Order, Discharge of Special Guardianship, Contact With Child, Change of Circumstances, Child Welfare
Family Law Child Law Special Guardianship Order Discharge of Special Guardianship Contact With Child Change of Circumstances Child Welfare

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Parties

M

Applicant

MGM

First Respondent / Special Guardian

A local authority

Second Respondent

Procedural Posture

Family (special Guardianship / Contact) / Application for Leave to Discharge Special Guardianship Order and Application for Contact Order

Legal Issues

  1. 1 Whether there has been a significant change in circumstances since the making of the special guardianship order under CA 1989, s14D(5)
  2. 2 Whether leave should be granted to apply to discharge the special guardianship order
  3. 3 Whether the emergence of new allegations constitutes a significant change in circumstances

Ratio Decidendi

There has not been a significant change in circumstances since the making of the special guardianship order. The changes in M's circumstances are insufficient and the emergence of new allegations does not amount to a significant change as the events were known at the time of the original order. Therefore, the statutory requirement under CA 1989, s14D(5) is not met and leave to apply to discharge the special guardianship order is refused.

Court Disposition

Leave to apply to discharge the special guardianship order is refused. The contact application will proceed.

Orders

  • Application for leave to discharge the special guardianship order is refused.
  • Contact application to be reviewed by the court.