Re: Summer 2015 | Page 33

from which there are glowing reports. The mother felt very bitter towards the father who she felt had deserted her and their child and wished him to have no part in the child’s life. The mother in preparation for her death, named the friends as testamentary guardians of the child in her Will. More than anything the mother wanted the child to remain with the friends, believing her to be safe, secure and settled with them; the mother felt that the child would be best placed to come to terms with the loss and grief that she would suffer after her death in the care of her friends. In August 2014, at a time when the mother’s death appeared to be imminent, the friends issued an application for a special guardianship order. The judge made a without notice interim child arrangements order so as to confer parental responsibility on the friends in case that the mother died before the return date. The father issued a crossapplication for the child to come and live with him. A special guardianship report was carried out and recognised that whilst the child has a strong network around her, it would nevertheless come as a great shock with “devastating reverberations” when her mother died. The report also referred to the fact that the child may need support of a biological parent and of a specialist to grieve and to come to terms with the fact that the mother will no longer be with her. It was also noted that there was a lot of animosity and hostility between the father and the mother’s friends who were seeking care of the child which could result in the real possibility that if the child remains with the friends, any future contact the child may have with her father would not be of the quality or frequency that would allow a real bond to develop. The report therefore concluded that due to the real risk that if a special guardianship order is made in respect of the friends the child would lose contact with her father and special guardianship order was not recommended. The report recommended that there be a child arrangements order made in favour of the father with the child to be placed in his care following the funeral arrangements of the mother. The Judge ruled that there is “a broad natural parent presumption”