J and K (Children), Re [2020] EWFC B12 (20 February 2020)

J and K (Children), Re [2020] EWFC B12 (20 February 2020)

Special guardianship orders in favour of Y and Z are in the best interests of J and K, as they provide permanence within the birth family, maintain sibling relationships, and ensure the children's welfare needs are met. The evidence demonstrates that neither parent can safely care for the children, and Y and Z are able to meet all their needs. Monthly contact with the parents is appropriate given the children's need for stability and the practicalities of the carers' household. F should be granted parental responsibility and a declaration of parentage as unopposed and in K's interests.

Citation
[2020] EWFC B12
Parties
Mother: M; Father of K: F; Aunt and Special Guardian Applicant: Y; Uncle and Special Guardian Applicant: Z; Applicant in Care Proceedings: Local Authority; Child (subject): J; Child (subject): K
Jurisdiction
England and Wales
Judgment Date
20 February 2020
Procedural Posture
Care and Special Guardianship Proceedings / Final Judgment
Outcome
Special guardianship orders made in favour of Y and Z for J and K; parental responsibility and declaration of parentage granted to F; no order for contact; usual order as to costs.
Legal Topics
Special Guardianship, Care Orders, Parental Responsibility, Child Welfare, Contact Arrangements
Family Law Child Protection Special Guardianship Care Orders Parental Responsibility Child Welfare 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 2 Party arguments 2
Sign in to unlock

Parties

M

Mother

F

Father of K

Y

Aunt and Special Guardian Applicant

Z

Uncle and Special Guardian Applicant

Local Authority

Applicant in Care Proceedings

J

Child (subject)

K

Child (subject)

Procedural Posture

Care and Special Guardianship Proceedings / Final Judgment

Legal Issues

  1. 1 Whether special guardianship orders should be made for J and K in favour of Y and Z
  2. 2 Whether care orders or child arrangements orders are appropriate
  3. 3 What contact arrangements should be made for the parents

Ratio Decidendi

Special guardianship orders in favour of Y and Z are in the best interests of J and K, as they provide permanence within the birth family, maintain sibling relationships, and ensure the children's welfare needs are met. The evidence demonstrates that neither parent can safely care for the children, and Y and Z are able to meet all their needs. Monthly contact with the parents is appropriate given the children's need for stability and the practicalities of the carers' household. F should be granted parental responsibility and a declaration of parentage as unopposed and in K's interests.

Court Disposition

Special guardianship orders made in favour of Y and Z for J and K; parental responsibility and declaration of parentage granted to F; no order for contact; usual order as to costs.

Orders

  • Permission granted to Y and Z to apply for special guardianship orders and consolidation with care proceedings.
  • Special guardianship orders made for J and K in favour of Y and Z.