28 May 2019
Potential special guardians for children submitted at a late stage in proceedings ‘must be realistic and not merely a trawl through all possible options’, the President of the Family Division has said.
Family courts can appoint individuals as special guardians to look after children on a long-term basis. They are usually relatives, family friends or a former foster carer and share parental rights with the child’s parents.
Sir Andrew McFarlane issued interim guidance last week in response to issues raised in Re P-S (Children) [2018] EWCA Civ 1407 in in which a successful appeal against final care orders was made. The guidance addresses cases where an extension to the statutory 26-week time limit is sought to assess potential special guardians.
Extensions will be given for assessment if ‘necessary to enable the court to resolve the proceedings justly’, and where apparently viable carers live in another country.
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