D (International SGO), Re

D (International SGO), Re

The court concluded that D's welfare would be best served by placement with K and L under a Special Guardianship Order, despite the challenges of international placement, because K and L are assessed as stable, committed, and able to meet D's needs and maintain family connections. The negative assessments of F and G...

Source-derived case information.

Parties
Applicant: South Tyneside Council; First Respondent: E (By the Official Solicitor); Second Respondent: F; Third Respondent: H; Fourth Respondent: D (by her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
28 November 2024
Procedural Posture
Family (children) / Final Judgment on Welfare and Placement Orders
Outcome
Special Guardianship Order to be made in favour of K and L (pending final hearing and completion of formalities); placement of D with K and L in the UAE approved as in D's best interests.
Legal Topics
Special Guardianship Orders, International Placement, Child Welfare, Jurisdiction, Contact Arrangements
Family Law Child Welfare Special Guardianship Orders International Placement Jurisdiction Contact Arrangements

Source-derived case record

Summary, issues, holding and outcome

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Parties

South Tyneside Council

Applicant

E (By the Official Solicitor)

First Respondent

F

Second Respondent

H

Third Respondent

D (by her Children’s Guardian)

Fourth Respondent

Procedural Posture

Family (children) / Final Judgment on Welfare and Placement Orders

Legal Issues

  1. 1 Whether D should be placed with family members in the UK or with K and L in the UAE under a Special Guardianship Order
  2. 2 Whether the proposed SGO can be enforced in the UAE and implications for contact and welfare
  3. 3 Assessment of suitability of F and G, H (supported by J), and K and L as carers for D

Ratio Decidendi

The court concluded that D's welfare would be best served by placement with K and L under a Special Guardianship Order, despite the challenges of international placement, because K and L are assessed as stable, committed, and able to meet D's needs and maintain family connections. The negative assessments of F and G and H (supported by J) were accepted, with concerns about their ability to prioritise D's welfare, emotional stability, and family dynamics. The court found no realistic alternative within the UK family and determined that the SGO in favour of K and L was the best available option for D's long-term welfare.

Court Disposition

Special Guardianship Order to be made in favour of K and L (pending final hearing and completion of formalities); placement of D with K and L in the UAE approved as in D's best interests.

Orders

  • Directions for further evidence from the Local Authority on support and contingency planning for K and L as Special Guardians.
  • Directions for any draft consent order for recognition in the UAE.