AB v XX & Anor (Special Guardianship Orders)
[2023] EWFC 287
E: Special Guardianship Order: Ukraine, Re
12 February 2024
[2024] EWHC 263 (Fam)
High Court
A Ukrainian girl fled the war and lives with her aunt in the UK. Her mom thinks her aunt is keeping them apart, but a judge decided the girl is better off with her aunt. The judge said the girl can decide when (or if) she wants to see her mom again.
Key Facts
- •A 12-year-old Ukrainian girl, Elena, came to live with her maternal aunt (Mrs. R) in the UK after the war in Ukraine.
- •Elena's mother opposed the Special Guardianship Order (SGO) application by Mrs. R, alleging alienation by Mrs. R.
- •The court conducted a fact-finding hearing concerning the mother's allegations of alienation.
- •The court considered the position of the Ukrainian authorities regarding Elena's residency.
- •Elena expressed a clear wish to live with Mrs. R and not have contact with her mother.
Legal Principles
A child's welfare is the paramount consideration in private law cases.
Re H (A Child) (Appeal) [2016] 2 FLR 1171 at paragraph 88
The court has jurisdiction to make orders concerning a child habitually resident in England and Wales, even if the child is a foreign national.
In re J (a child) (FC) [2005] UKHL 40 at paragraph 22
The standard of proof in family proceedings is the balance of probabilities.
Implicit throughout the judgment
Outcomes
The court granted the Special Guardianship Order (SGO) to Mrs. R.
The court found the mother's allegations of alienation unproven. Elena's welfare, her clear wishes to remain with Mrs. R, and the significant progress she made in the UK weighed heavily in the decision. The SGO provided greater stability and avoided further litigation.
The court refused the mother's request for immediate contact with Elena.
The court prioritized Elena's wishes and feelings, recognizing the potential harm of forced contact. The court's hope is for a future restoration of contact at Elena's own pace.
The wardship order was discharged.
The SGO provided the necessary level of protection and decision-making authority.