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    Please i really need help urgently with this question, thanks:

    In 2008, Susan had a child, John, after an affair with Thomas. Thomas died of lung cancer a year ago after paying regular child support for John and Susan although he did not wish to establish any relationship with the child as he knew he would not live long and did not wish to distress John.

    After Johns’ birth, Susan, who was busy qualifying as a medical practitioner, arranged for her parents to look after John but visited him every day and was involved in his daily life as much as possible. Her parents, Charity and Cain, obtained Special Guardianship Orders in their favour. John thrived with his elderly grandparents, who now wish to adopt John and change his name to theirs.

    Susan is now qualified as a doctor and engaged to David, a wealthy, childless, middle-aged American paediatrician, who is eager to adopt John, although he has a previous conviction as a result of an affair he had when he was aged eighteen with a fourteen year old girl. After their marriage, David and Susan plan to settle in America with John.

    Charity and Cain and the Local Authority oppose this move. The Local Authority has applied for a care order and a placement order under the Adoption and Children Act 2002, indicating that they would then seek adoptive parents for John.

    Advise Susan fully of her legal position in this regard.
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    (Original post by oldtimer student)
    To date a SGO has never been over turned. A Local Authority can not apply for a Care Order or placement order as the grandparents hold the SGO, unless there was concern around their care. The parent would need to ask for leave of court to even request for the case to be heard in court and then would have to prove a substantial change in circumstances. But the judge would look at how settled the child was with grandparents and what would be the impact of the move. They would certainly not look to adoptive parents as grandparents hold SGO. Hopes this makes sense. I have an SGO so know that one has never been over turned as yet
    can susan relocate with David and her son tho? The local authority does not want her to. Am thinking to apply the S.31 threshold criteria in the children Act 1989 but am finding it hard to apply it to this scenario cos the only reason the Local authority might be concerned is David's previous conviction.
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    a test case was used in Warwickshire similar to this: http://www.familylawweek.co.uk/site.aspx?i=ed55457
 
 
 
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