A v B & Anor [2012] EWCA Civ 285 (14 March 2012)

A v B & Anor [2012] EWCA Civ 285 (14 March 2012)

The trial judge erred by applying a general rule limiting the biological father's contact in alternative family structures, rather than conducting a fact-specific welfare analysis. The issue of the father's relationship with the child must be decided in stages, based on accumulating evidence and the child's welfare at each stage. The appeal is allowed and the matter remitted for reconsideration with the benefit of expert evidence and welfare reports.

Citation
[2012] EWCA Civ 285
Parties
Appellant: A; Respondent: B; Respondent: C
Jurisdiction
England and Wales
Judgment Date
14 March 2012
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court (family Division)
Outcome
Appeal allowed; matter remitted for reconsideration by a Family Division judge.
Legal Topics
Parental Responsibility, Contact Orders, Residence Orders, Alternative Families, Child Welfare, Same Sex Parenting
Family Law Child Law Parental Responsibility Contact Orders Residence Orders Alternative Families Child Welfare Same Sex Parenting

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Parties

A

Appellant

B

Respondent

C

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court (family Division)

Legal Issues

  1. 1 Appropriate approach to contact and parental responsibility for a child born to a lesbian couple with a known sperm donor father
  2. 2 Whether the biological father's contact should be limited and for how long
  3. 3 Whether the court should apply principles from heterosexual separated parent cases to alternative family structures

Ratio Decidendi

The trial judge erred by applying a general rule limiting the biological father's contact in alternative family structures, rather than conducting a fact-specific welfare analysis. The issue of the father's relationship with the child must be decided in stages, based on accumulating evidence and the child's welfare at each stage. The appeal is allowed and the matter remitted for reconsideration with the benefit of expert evidence and welfare reports.

Court Disposition

Appeal allowed; matter remitted for reconsideration by a Family Division judge.

Orders

  • Joint residence order to B and C upheld, conferring parental responsibility on C.
  • Contact order for A to have contact with M once a fortnight, with specified hours, remains in place pending reconsideration.