A and B (Children) [2010] EWCC 43 (Fam) (2010)
The court determined that it was in A's best interests to reside with her Great Aunt and Uncle as Special Guardians, given her changed wishes, improved sibling relationship, and the consensus of all parties except her mother, who did not oppose the outcome.
Source-derived case information.
- Citation
- [2010] EWCC 43 (Fam)
- Parties
- Applicant: X Local Authority; 1st Respondent: M; 2nd Respondent: F1; 3rd Respondent: F2; 4th Respondent: MGM; 5th Respondents: PGP’s; 6th Respondents: MGU AND MGA; 7th Respondents: A and B; 8th Respondents: A, B and C (by their Guardian)
- Jurisdiction
- England and Wales
- Procedural Posture
- Family Proceedings / Post Final Hearing; Written Reasons for Final Orders
- Outcome
- Final orders made for Special Guardianship of A and B to their Great Aunt and Uncle; contact arrangements agreed.
- Legal Topics
- Special Guardianship, Child Welfare, Care Proceedings, Contact Arrangements
Source-derived case record
Summary, issues, holding and outcome
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Parties
X Local Authority
Applicant
M
1st Respondent
F1
2nd Respondent
F2
3rd Respondent
MGM
4th Respondent
PGP’s
5th Respondents
MGU AND MGA
6th Respondents
A and B
7th Respondents
A, B and C (by their Guardian)
8th Respondents
Procedural Posture
Family Proceedings / Post Final Hearing; Written Reasons for Final Orders
Legal Issues
- 1 Whether A should return to her mother's care or reside with her Great Aunt and Uncle
- 2 Appropriate final orders for the welfare of the children
Ratio Decidendi
The court determined that it was in A's best interests to reside with her Great Aunt and Uncle as Special Guardians, given her changed wishes, improved sibling relationship, and the consensus of all parties except her mother, who did not oppose the outcome.
Court Disposition
Final orders made for Special Guardianship of A and B to their Great Aunt and Uncle; contact arrangements agreed.
Orders
- Special Guardianship Orders for A and B to Great Aunt and Uncle
- Contact arrangements as agreed by parties
Full Case Text
Judgment text and source record
1 paragraphs
Neutral Citation Number: [2010] EWCC 43 (Fam) In the County Court Before: HHJ X - - - - - - - - - - - - - - Between: X Local Authority Applicant and M st Respondent F1 nd Respondent F2 rd Respondent MGM th Respondent PGP’s th Respondents MGU AND MGA th Respondents A and B th Respondents and A, B and C 8th Respondents (by their Guardian) - - - - - - - - - - - - - - - - - - - - - - - - - - - - Hearing dates: - - - - - - - - - - - - - - - - - - - - - WRITTEN REASONS The written reasons are being distributed on the strict understanding that in any report, no person may be identified by name or location (Other than a person identified by name in the reasons themselves) and that in particular the anonymity of the children and the adult members of their family must be strictly preserved Judgement This case was originally reported as [2010] EWCC 19 (Fam) . At that stage final orders were made in respect of two children, B and C. A was in a different position and separately represented. Whereas her sister B accepted that she was not going to return home and chose to move to live with her Great Aunt and Great Uncle, A was loyal to her mother and wished to return to her care. A was given time to reflect on her options (see paragraph 65) and in fact I had the opportunity to meet her and discuss her wishes with her. She is a bright child with aspirations for the future. Following the final hearing she enjoyed a holiday away with her sister and Great Uncle and Aunt after which her views altered. She started to express a willingness to move and live with them. By the time the matter returned to court she was, in effect, living with them and her sister full time. Her relationship with her sister had also improved. Her Great Aunt and Uncle are now Special Guardians for both and contact arrangements have been agreed. This outcome was advocated by all parties other than A’s mother who, to her credit, did not oppose it. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII