C (A Child), Re [2010] EWMC 61 (FPC) (2010)

C (A Child), Re [2010] EWMC 61 (FPC) (2010)

The court found that the threshold criteria under section 31 of the Children Act 1989 were met due to the mother's inability to provide adequate care and her lack of engagement. The welfare of the child required a Special Guardianship Order in favour of D, supported by the father and the Children's Guardian. The...

Source-derived case information.

Citation
[2010] EWMC 61 (FPC)
Parties
Applicant: X Local Authority; 1st Respondent: Miss A; 2nd Respondent: C (a child)
Jurisdiction
England and Wales
Procedural Posture
Care Proceedings / Final Hearing
Outcome
Special Guardianship Order granted; change of name granted.
Legal Topics
Care Proceedings, Special Guardianship Order, Change of Name, Welfare of the Child, Threshold Criteria
Family Law Child Protection Care Proceedings Special Guardianship Order Change of Name Welfare of the Child Threshold Criteria

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Summary, issues, holding and outcome

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Parties

X Local Authority

Applicant

Miss A

1st Respondent

C (a child)

2nd Respondent

Procedural Posture

Care Proceedings / Final Hearing

Legal Issues

  1. 1 Whether the threshold criteria under section 31 of the Children Act 1989 are met
  2. 2 Whether a Special Guardianship Order should be made in favour of D
  3. 3 Whether the child's name should be changed

Ratio Decidendi

The court found that the threshold criteria under section 31 of the Children Act 1989 were met due to the mother's inability to provide adequate care and her lack of engagement. The welfare of the child required a Special Guardianship Order in favour of D, supported by the father and the Children's Guardian. The change of name was also in the child's best interests.

Court Disposition

Special Guardianship Order granted; change of name granted.

Orders

  • Special Guardianship Order in respect of C in favour of D
  • C's name to be changed to Z