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We were instructed by grandparents who had been the primary carers for their granddaughter since she was just one year old. As the child approached eight, our clients sought to formalise their long-term caregiving arrangement and secure her stability through a Special Guardianship Order (SGO).
Three years after the SGO was granted, our clients returned to us for advice on whether to take the further step of adopting their granddaughter, who was by then 12 years old. Their motivation was to give her complete legal and emotional security within their family, particularly as she had long regarded them as her parents in every practical sense.
The case presented several complex family dynamics. Although the child’s birth mother supported the application, the birth father initially opposed it. There was also a history of verbal abuse and concerns about possible escalation of conflict during the proceedings, requiring careful handling to protect both the child and our clients.
From the outset, we adopted a comprehensive and child-focused approach, recognising the sensitivity and emotional weight of the case. Our strategy was designed to provide clarity, stability, and reassurance for our clients at every stage.
1. Early Case Assessment and Strategic Advice
We began with a full review of the existing Special Guardianship Order, assessing how it had operated in practice and the legal implications of transitioning to adoption.
We explained in detail the key differences between an SGO and an Adoption Order, particularly around parental responsibility, legal permanence, and inheritance rights.
Working closely with our clients, we evaluated whether adoption would best serve the child’s long-term welfare and emotional needs, taking into account her views, age, and existing attachments.
2. Preparing and Filing the Application
Once our clients decided to proceed, we prepared a comprehensive adoption application supported by evidence demonstrating the child’s strong bond with her grandparents and the stability they had provided for over a decade.
We ensured compliance with all procedural requirements under the Adoption and Children Act 2002, including notification to the Local Authority and obtaining the necessary reports.
Recognising the father’s initial opposition, we proactively anticipated potential challenges and addressed them in the supporting documentation to ensure a transparent and balanced presentation to the Court.
3. Managing Sensitive Family Relationships
Given the prior history of conflict, we advised on steps to minimise confrontation and promote constructive communication between family members.
We liaised carefully with the Local Authority and the child’s social worker to ensure that all safeguarding concerns were properly recorded and that the child’s welfare remained central throughout proceedings.
Our solicitors maintained consistent contact with the birth parents’ representatives to manage expectations and explore possibilities for agreement before the final hearing.
4. Representation at Court
At the Final Hearing, our advocacy focused on the child’s welfare, her clear sense of belonging within her grandparents’ care, and the continuity of her upbringing.
During proceedings, the birth father, having received full disclosure and reassurance about contact arrangements, withdrew his opposition and confirmed his support for the application.
The Court accepted that adoption was in the child’s best interests and granted the Adoption Order in favour of our clients, formally recognising them as her legal parents.
5. Post-Adoption Guidance
Following the order, we provided detailed advice on post-adoption contact, helping our clients make informed, child-centred decisions.
After careful discussion and in consultation with the child, our clients agreed to supervised contact between the child and her birth father three times a year, subject to her wishes and comfort level.
We also advised on updating parental responsibility documentation and practical post-adoption matters, such as changes to the child’s surname and school records.
The Court’s decision brought a long-awaited sense of permanence and belonging for the child and closure for the family. The transition from Special Guardianship to Adoption provided full legal security and clarity of parental responsibility, reflecting the reality of the family’s life together.
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