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Family Law

The leading authority on all aspects of family law

06 FEB 2007

ADOPTION/CARE: Re J (Special Guardianship) [2007] EWCA Civ 55

(Court of Appeal; Scott Baker and Wall LLJ, 6 February 2007)

It was not the case that special guardianship orders had effectively replaced adoption orders in cases in which children were to be placed permanently within their wider families. As set out in Re S (Special Guardianship Order) [2007] EWCA Civ 54 (see below), each case fell to be decided on the best interests of the particular child on the particular facts of the case. This child, who had been with the aunt and uncle since the age of 6 months, needed the assurance that the security of the placement could not be disturbed, an assurance which could not in this case be provided by a special guardianship order, but could only be provided by adoption.

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