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22 February 2007
Issue: 7261 / Categories: Case law , Law digest
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FAMILY LAW

Re S (a child) (adoption: special guardianship) [2007] EWCA Civ 54, [2007] All ER (D) 81 (Feb)

(i) A special guardianship order is only appropriate if it is best fitted to meet the needs of the child concerned. The key question which the court is obliged to ask itself in every case in which the question of adoption, as opposed to special guardianship, arises is “which order will better serve the welfare of this particular child?” It is incumbent on judges to give full reasons and to explain their decisions with care.

Provided the judge has carefully
examined the facts, made appropriate findings in relation to them and applied the welfare check-lists contained in the Children Act 1989, s 1(3) and the Adoption and Children Act 2002, s 1, it is unlikely that the Court of Appeal will be able properly to interfere with the exercise of judicial discretion, particularly in a finely balanced case.

(ii) The court has power to make a special guardianship order of its own motion, where the welfare of the child is in issue in any family proceedings. The statute implicitly envisages an order being made against the wishes of the parties, and in a case in which the party seeking a different order eg adoption does not want to be appointed the child’s special guardian. Note that Re J [2007] EWCA Crim 55, contains a helpful Schedule of Main Differences between Special Guardianship Orders and Adoption which sets out the differences between the two orders in tabular form.

Issue: 7261 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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