A recent case I read relating to an Ukrainian child felt very timely further to the recent visit on 01 March 2025 by the Ukrainian President, Volodymyr Zelensky, to Sir Keir Starmer. The Ukrainian President told Sir Starmer, Prime Minister, he was happy his country had “such friends” after arriving in the UK. This was further to the Ukrainina President’s attendance at the White House meeting with US President, Donald Trump. Their meeting was televised showing the arguments between the two leaders. This made difficult viewing with unrelated questions being put to the Ukrainian President in front of the world’s media, such as why the Ukrainian President had chosen not to wear a suit when meeting the US President.
The sad impact of the Russian invasion of Ukraine resulted in many Ukrainian children being sent for their safety to other countries. Children sent to the UK had the benefit of various schemes of family visa and sponsorship introduced by UK Government when the war broke out.
Children entering the UK from Ukraine, the UK government requires local authorities to conduct private fostering assessments, even if the child is with a close adult relative, to ensure suitable placement arrangements
Special Guardianship Order: Ukraine, Re [2024] EWHC 263 (Fam) (12 February 2024)
The case relates to Elena, a 12-year-old Ukrainian national, who was sent to England by her mother following the outbreak of the war in Ukraine.
Elena’s maternal aunt, residing in England since 2012, applied to become Elena’s Special Guardian. This was opposed by Elena’s mother, who remained in Ukraine. Both the mother and maternal aunt were born in Ukraine and prior to the maternal aunt coming to the England, she had lived in Ukraine.
Key Issues Considered by the Court:
- Contested application for a Special Guardianship Order (SGO)
- Whether the final order should be a SGO or a Child Arrangements Order
- The mother seeks contact, the child refuses to have contact with her mother
- The mother makes allegations of alienation against the applicant, that she has alienated the child from her mother and her Ukrainian heritage.
- The use of other private law orders under S.8 Children Act 1989 to protect the child until the final determination is made by the judge
Facts of the case:
- The case relates to Elena, 12 years old and a Ukrainian national.
- Elena’s maternal aunt applied to be her Special Guardian.
- This was opposed by Elena’s mother, who is the maternal aunt’s older sister.
- The maternal aunt has lived with her husband in England since 2012. Elena’s mother continues to live in Ukraine.
- The mother wanted the proceedings to be adjourned because she believed the evidence before the court was incomplete. The local authority and Elena’s Guardian opposed this. They believed a speedy conclusion of the proceedings was necessary to give Elena certainty for her future. The uncertainty was making Elena worried and making it difficult for her to focus on her school work.
Elena arrival in the UK
- In February 2022, the Russian Federation invaded Ukraine. Elena’s mother decided that for Elena’s safety she needed to leave Ukraine. She contacted Elena’s maternal aunt and asked if Elena could live with her and her husband in England. This was agreed to, and Elena arrived in England on 08 March 2022 and has lived with her maternal aunt since.
- On 13 May 2022, the mother sent a text message to the maternal aunt that she intended to take Elena back to Ukraine for a holiday.
The court proceedings
On 18 May 2022, further to the application by the maternal aunt the following orders were granted:
- Permission for the maternal aunt to apply for a Child Arrangements Order so that Elena could live with her
- A Prohibited Step Order, preventing the removal of Elena.
The proceedings were transferred to the High Court, and for added protection, Elena was made a ward of the court.
The proceedings were lengthy, with numerous hearings before the final hearing in February 2024. The proceedings also involved the Ukrainian Consul who made information available to the court,
There was also a fact-finding hearing in relation to the mother’s allegations of alienation by the maternal aunt, being the reason Elena did not want to have contact with her. The judge found none of the allegations of alienation to be proven and that it did not occur. The judge found that the maternal aunt had tried to encourage Elena to have contact with her mother.
The aunt was seeking a SGO, which was supported by the local authority. Elena’s guardian also supported this and recommended indirect contact between Elena and her mother, with the maternal aunt providing regular updates about Elena’s life to the mother.
Social worker’s assessment recorded Elena’s wishes and feelings
Elena expressed two wishes:
- To live with her maternal aunt and uncle
- Not to have to communications with her mother until she was ready to do do.
Conclusion of the proceedings
The mother at the end of the proceedings conceded that it was appropriate for Elena to live with the maternal aunt and uncle, but it should be with the making of a Child Arrangements Order and not a Special Guardianship Order.
The Guardian took the view that the appropriate order should be a SGO as it provided additional security and stability and would last until Elena was 18 years old.
The judge accepted these recommendations and granted an SGO, which was more in accordance with Elena’s welfare interests than a CAO.
The judge also wrote to Elena and, in that letter, expressed that it is in her welfare interest and that the whole family that she is in communication with her mother. The judge also acknowledged that Elena needs time, space and contract before she can make that first step, which will be testing for the mother.
The case was a complex case raising a number of issues. However what stands out for me in this case is how the court placed weight on Elena’s wishes and feelings and in particular her strong opposition to seeing her mother. The court would have been assisted by undertaking this process through the social worker’s SGO report that detailed Elena’s wishes and feelings about contact with her mother. For that reason strengthening the SGO report for court is crucial to ensure that the court has all the relevant and significant information to be able to make decisions that is in the child’s welfare.
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