F v J & Ors
[2024] EWHC 2802 (Fam)
A Child (SGO and Contact), Re
6 October 2023
[2023] EWFC 167 (B)
Family Court
A girl doesn't want to see her biological parents after a big fight between the adults. The judge says the parents need to fix things with the guardians before the girl will see them again. The judge will also decide later if the uncle should get more official parental rights.
Key Facts
- •10-year-old girl, "P", is at the center of a custody dispute.
- •P's biological parents (Applicants) seek contact with her.
- •P is currently living with her special guardians (Respondents), who are a married couple; one is the uncle of the child.
- •The relationship between the Applicants and Respondents fractured in 2021, leading to severely limited contact.
- •There's a dispute about the events of April and August 2021 that led to the fracture.
- •P opposes contact with her biological parents.
- •The Respondents also seek a Special Guardianship Order (SGO) for the second respondent.
Legal Principles
Child's welfare is paramount.
Children Act 1989, section 1(3)
An order should only be made if it's positively better for the child.
Children Act 1989
Special Guardianship Order (SGO) grants enhanced parental responsibility.
Children Act 1989, section 14A
The court presumes involvement of parents furthers child's welfare unless proven otherwise.
Specific factual disputes must be proven on the balance of probabilities.
Requirements for a Special Guardianship Assessment (SGA) are detailed in regulations and case law.
Children Act 1989, section 14A(8)(b), 2005 Regulations, 2016 Amendment Regulations
Outcomes
The application for a Special Guardianship Order (SGO) for the second respondent is adjourned pending further information in the SGA.
The existing SGA does not meet the statutory requirements.
Indirect contact (monthly letters and video messages) is ordered between the Applicants and the Child.
Direct contact is deemed harmful due to the Child's strong opposition and the potential for further conflict. Indirect contact provides a safer way to rebuild the relationship.
No guardian is appointed for the Child.
The judge has a clear understanding of the issues and believes a guardian would add unnecessary complexity and delay.
The social worker is directed to provide an addendum to the SGA and a support plan addressing how to manage contact and improve adult relationships.
To address the gaps in the SGA and provide support to the special guardians in managing the complex family dynamics.
The application for an adjournment of the contact proceedings is refused.
Progress in the relationship depends on the adults' actions, not further court intervention.