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England and Wales decisions
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The Court of Appeal held that the judge had approached the special guardianship decision as a simple welfare balance and should have applied proportionality and, in context, threshold analysis.
The threshold for care orders is met due to the mother's inability, despite significant effort and support, to meet the children's basic needs and protect them from harm. A final care order for C and a placement order for A are necessary and proportionate to safeguard their welfare, as no less intrusive alternatives are available.
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The threshold for a care order was met due to F1's emotional harm to the children, involvement in sexual activity with adolescents, refusal to foster A's relationship with his biological father, and refusal to accept help. A's age and strong wish to return home justified discharge of the interim care order and return to F1 under a supervision order, while B's needs and emotional welfare required a care order and continued foster placement.
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The judge did not err in refusing the placement order for adoption because, despite not setting out a formal balance sheet, he adequately considered and weighed the relevant factors, including the child’s settled status with current foster carers, the realistic prospects of adoption with meaningful contact, and the best interests of the child. The evidence supported the conclusion that long-term foster care with the current carers was in S’s welfare interests and that her welfare did not require dispensing with parental consent for adoption.
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N, Re (Paternity: Unregulated Sperm Donor) [2026] EWHC 878 (Fam) (21 April 2026)
The court refused Mr Robert Albon’s declaration of parentage for a child conceived through unregulated sperm donation, finding public policy barred it.
The High Court granted multiple parental orders in surrogacy cases, authorised non-expenses payments, extended time limits where needed, and held welfare is paramount.
ZA and BC (Children: Summary Return Order to Dubai), Re [2026] EWHC 1230 (Fam) (01 April 2026)
The High Court ordered two children returned to Dubai, finding low risk from alleged domestic abuse and geopolitical concerns, and greater harm in severing their relationship with their father.
Bristol City Council v M & Anor [2026] EWFC 91 (B) (20 March 2026)
The Family Court made a full care order for C, keeping her at placement A and endorsing a revised contact plan. Rehabilitation home was held not realistic.
The court found that J’s welfare would be best served by placement with the maternal grandmother in a connected person foster care arrangement, rejecting the Local Authority’s plan for non-family foster care as destabilizing and not in J’s best interests. The maternal grandmother’s bond, prior parenting experience, secure accommodation, commitment, and capacity to prioritize J’s needs outweighed concerns about her health and support network. The negative assessments of the maternal grandmother were flawed and did not reflect current circumstances. The court’s welfare decision was sovereign an…
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The court found that the threshold for a care order was met due to proven risks of significant harm from neglect, substance misuse, domestic abuse, and inability to implement protective boundaries. The mother's change in position and acceptance of the Local Authority's plan was credited, but the risks in her care far exceeded the disadvantages of separation. A care order was necessary and proportionate to safeguard Cora's welfare, with ongoing supervised contact and a plan for therapeutic support for the mother.
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