K (A Minor), Re

K (A Minor), Re

The application for leave to apply for a special guardianship order is refused because there is a significant risk that the proposed application would disrupt K's life to such an extent that he would be harmed, and the application has no real prospect of success. Delay is not justified in the child's interests.

Parties
Minor: KRK (K); Mother: Mother of K; Father: Father of K; Grandparent Applicant: Grandfather of K; Grandparent Applicant: Grandmother of K; Court: Chelmsford County and Family Proceedings Court
Jurisdiction
England and Wales
Judgment Date
08 May 2013
Procedural Posture
Family Proceedings / Application for Leave to Apply for Special Guardianship Order
Outcome
application refused
Legal Topics
Special Guardianship, Adoption, Child Welfare, Care Proceedings, Delay in Proceedings
Family Law Special Guardianship Adoption Child Welfare Care Proceedings Delay in Proceedings

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Parties

KRK (K)

Minor

Mother of K

Mother

Father of K

Father

Grandfather of K

Grandparent Applicant

Grandmother of K

Grandparent Applicant

Chelmsford County and Family Proceedings Court

Court

Procedural Posture

Family Proceedings / Application for Leave to Apply for Special Guardianship Order

Legal Issues

  1. 1 Whether leave should be granted to grandparents to apply for a special guardianship order for K
  2. 2 Whether the proposed application would disrupt K's life to such an extent that he would be harmed
  3. 3 Whether delay in proceedings is justified in the child's interests

Ratio Decidendi

The application for leave to apply for a special guardianship order is refused because there is a significant risk that the proposed application would disrupt K's life to such an extent that he would be harmed, and the application has no real prospect of success. Delay is not justified in the child's interests.

Court Disposition

application refused

Orders

  • Application for leave to apply for special guardianship order is refused.
  • Grandparents discharged as parties to proceedings.