Jamie (Special Guardianship Order), Re
[2024] EWFC 268 (B)
D (International SGO), Re
28 November 2024
[2024] EWFC 353
Family Court
A baby needs a new home, and three families wanted to take care of her. One family lives far away, but they seem the best fit. The judge decided to let the baby go live with them, even though it will be hard for the family in the UK to visit.
Key Facts
- •Baby D, under one year old, is in interim foster care due to her mother's (E) inability to care for her (mother has autism and ADHD).
- •Three family couples (father F & partner G; maternal grandmother H & partner J; maternal uncle K & wife L) offered to care for D.
- •Local Authority and Guardian negatively assessed F & G and H & J, proposing placement with K & L in the UAE.
- •K & L live and work in the UAE, raising concerns about enforceability of UK orders and limited contact with family in the UK.
- •E lacks capacity to litigate and is represented by the Official Solicitor, not opposing the UAE placement.
Legal Principles
Child's welfare is paramount.
Children Act 1989 (CA 1989) s1
Court must consider all circumstances, particularly those in the welfare checklist (CA 1989 s1(3)).
Children Act 1989 (CA 1989) s1(3)
Definition and requirements of a Special Guardianship Order (SGO).
Children Act 1989 (CA 1989) s14A
Court must consider a Local Authority report addressing matters prescribed in the Act and regulations (CA 1989 s14A(11)).
Children Act 1989 (CA 1989) s14A(11)
Considerations before making an SGO, including child arrangements orders and existing section 8 orders.
Children Act 1989 (CA 1989) ss14B and 14C
Best Practice Guidance on Special Guardianship Orders (March 2021) regarding international SGOs, including assessment methods, legal status in the host country, and contingency planning.
Public Law Working Group Best Practice Guidance
Global, holistic evaluation of all options for the child's future upbringing.
Re G (A Child) [2018] EWCA Civ 965 at [50]
Outcomes
Special Guardianship Order (SGO) in favour of K and L.
Despite the geographical challenges and difficulties enforcing UK orders in the UAE, this option provides the most stable and loving family environment for D, with K and L demonstrating commitment to her well-being and maintaining family ties.
Rejection of placements with F & G and H & J.
F & G's own vulnerabilities and limited life experience make them unsuitable carers. H's concerning relationships with her sons, prioritisation of E over D, impulsiveness, and lack of candour raise serious concerns about her ability to meet D's needs and ensure her safety.