12 Sept 2013
The High Court lacks jurisdiction under s27(1) of the Care of Children Act 2004 to appoint a guardian of a child; the statutory scheme must be read so that the Family Court has exclusive jurisdiction to make appointments under s27.
12 Sept 2013
The High Court does not have jurisdiction to appoint a person as a guardian under ss27(1) and (2) because s125(1) reserves guardianship proceedings to the Family Court unless the statute explicitly identifies another court; s27(3) only confers High Court power in relation to litigation guardians and legislative history and statutory coherence support exclusive Family Court jurisdiction.
24 Aug 2006
The appeal is dismissed because Ms P failed to discharge the onus under s19(4) to show appointment of Mr B as guardian would be contrary to E's welfare; Mr B is a dedicated parent with significant contact, the conflict is substantially self-induced by Ms P, and guardianship responsibilities arise intermittently and are not likely to harm the child's welfare.