E: Special Guardianship Order: Ukraine, Re

E: Special Guardianship Order: Ukraine, Re

The court found all of the mother's allegations of alienation unproven and determined that a Special Guardianship Order in favour of Mrs R was overwhelmingly in Elena's welfare interests, providing stability, security, and decision-making authority, while respecting Elena's wishes regarding contact with her mother.

Parties
Applicant: Mrs R; 1st Respondent: The Mother; 2nd Respondent: E By Her Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Private Law Application for Special Guardianship Order / Final Judgment After Contested Fact Finding Hearing
Outcome
Special Guardianship Order granted in favour of Mrs R; all allegations of alienation dismissed.
Legal Topics
Special Guardianship Order, Child Arrangements Order, Parental Responsibility, Habitual Residence, Contact Orders, Allegations of Alienation
Family Law Child Law Special Guardianship Order Child Arrangements Order Parental Responsibility Habitual Residence Contact Orders Allegations of Alienation

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Parties

Mrs R

Applicant

The Mother

1st Respondent

E By Her Children’s Guardian

2nd Respondent

Procedural Posture

Private Law Application for Special Guardianship Order / Final Judgment After Contested Fact Finding Hearing

Legal Issues

  1. 1 Whether a Special Guardianship Order or Child Arrangements Order is in the child's best interests
  2. 2 Whether allegations of alienation by the mother against the applicant are substantiated
  3. 3 Appropriate contact arrangements between child and mother

Ratio Decidendi

The court found all of the mother's allegations of alienation unproven and determined that a Special Guardianship Order in favour of Mrs R was overwhelmingly in Elena's welfare interests, providing stability, security, and decision-making authority, while respecting Elena's wishes regarding contact with her mother.

Court Disposition

Special Guardianship Order granted in favour of Mrs R; all allegations of alienation dismissed.

Orders

  • Special Guardianship Order made in favour of Mrs R and Mr R
  • Wardship order discharged