• Rajan Thandi

Mother loses appeal over her children living with grandparents


Mother loses appeal over her children living with grandparents

A mother has lost her appeal against a special guardianship order which placed her children in the care of their paternal grandparents.


The case involved children who had been the subject of a child protection plan due to parental neglect.


An order was made and the children lived with their paternal grandparents. The mother was allowed contact but wanted her children to be returned to her.


The local authority brought care proceedings after allegations of mistreatment were made against the grandparents and the children’s father.


The judge could see no evidence that the grandparents had behaved in any way that could be harmful to the children. He heard that the mother’s home was not a safe environment due to a risk of domestic violence.


He chose to issue a special guardianship order (SGO) to the grandparents.


The mother appealed the decision. She challenged the findings made against her, and the judge’s decision to issue an SGO rather than a child arrangements order (CAO).


The Court of Appeal upheld the decision. It would only consider overturning the judge’s decision if it was proven that it had been an irrational one or made without sufficient evidence.


That was not the case. The judge was entitled to listen to the professional advice from the local authority’s social and care workers.


As a specialist judge, he was also aware of the significant difference between an SGO and a CAO, and the variance they allowed the mother to exercise her parental responsibility.


If you would like more information or advice about the issues raised in this article, or any aspect of family law please contact our expert legal team on 0208 004 0065, by email at hello@southgate.co.uk or using the form below.


Case Citations: [2019] EWCA Civ 1120W-P (CHILDREN) (2019)CA (Civ Div) (Patten LJ, Lewison LJ, Peter Jackson LJ) LTL 3/7/2019: [2019] 7 WLUK 22Document No.: AC5007695


The contents of this article is general information only. The information in this article is not legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should obtain independent expert advice from qualified solicitors such as those within our firm.

What We Offer You

Expert

Solicitors

Price

Promise

Expert Solicitors, Legal Experts, Solicitor, Family Law Expert, Family Law Solicitors, Divorce Lawyers, Divorce Experts, Divorce Solicitors
Price Promise, Low Fees, Low Costs, Fixed-Fees, Best Prices

Skype

Meetings

24/7

Enquiry Line

​24/7 Enquiry Line
Skype Meetings, Telephone Conferences, Facetime Meetings, Webcam, Remote Meetings, Flexible

Out of Hours

Appointments

Quick

Responses

Quick Responses, Same Day Call, Quick Chat, Urgent Service
Out of Hours Appointments, Evening Meetings, Weekend Meetings, Evening Appointments, Weekend Appointments, Saturday Appointments

No Hidden

Fees

Modern

Service

No Hidden Fees, Low Costs, Best Prices, Low Cost Divorce, Fixed-Fees, Best Prices, Reasoanble Legal Fees
Modern Service, Technology, Secure Electronic Access, Electronic Files, Paperless

Expedited

Services

Law Society

Accreditation

Law Society Accreditation, Family Law Advanced Panel, Family Law Advanced Accreditation, Law Society Panel
Expedited Services, Urgent Service, Quick Service, Urgent Matters, Emergency Cases
Do you need to discuss your family law matter with a solicitor?
Call us now or send an enquiry below to discuss your options!