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Litigation Letter

Child’s emotional identity

In re E (a child): special guardianship order CA TLR 11 April

By s14B(2) of the Children Act 1989, as amended by s115 of the Adoption and Children Act 2002, on making a special guardianship order, the court could give leave for the child to be known by a new surname. E’s parents had a drug addiction, as a result of which, E, at the age of three months, was placed with her maternal grandparents. The grandparents, aged 56 and 58, were an intelligent, devoted, professional couple, who lived comfortably in a large house in south-west London. Their care of E was outstanding. The judge had made a special guardianship order in their favour and ordered occasional contact with E’s mother, but refused permission for E’s surname to be changed to their name. They appealed.

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