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Family Law

The leading authority on all aspects of family law

06 FEB 2007

ADOPTION/CARE: Re S (Special Guardianship Order) [2007] EWCA Civ 54

(Court of Appeal; Thorpe, Tuckey and Wall LJJ; 6 February 2007)

A judge was entitled to make a special guardianship order of her own motion, under Children Act 1989, s 14A(6)(b), in adoption proceedings, subject to provision of the appropriate local authority report. The key issue was which order would better serve the welfare of the child. The statute implicitly envisaged such an order being made against the wishes of parties, but it was incumbent on the judge to exercise her power under s 14A(9) to ask the local authority to conduct its investigation and prepare a report.

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