Re M (Child)

Re M (Child)

The appeal was dismissed because the trial judge conducted a proper welfare analysis, giving due consideration to all relevant factors, including genetic ties, emotional needs, and the ability of each household to meet Z's needs. The judge's findings were supported by evidence and her assessment of witness credibility. The only error was in not granting B parental responsibility, which was corrected on appeal.

Parties
Appellant: A; Appellant: B; Respondent: X; Respondent: P; Subject: Z (child)
Jurisdiction
England and Wales
Judgment Date
06 April 2017
Procedural Posture
Appeal / Judgment on Appeal From High Court (family Division)
Outcome
Appeal dismissed except as to parental responsibility for B, which is allowed.
Legal Topics
Surrogacy, Parental Responsibility, Child Welfare, Residence Orders, Contact Orders
Family Law Surrogacy Parental Responsibility Child Welfare Residence Orders Contact Orders

Case Brief

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Parties

A

Appellant

B

Appellant

X

Respondent

P

Respondent

Z (child)

Subject

Procedural Posture

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

Legal Issues

  1. 1 Whether the child Z should reside with the appellants (A and B) or with the respondent (X) and her partner (P)
  2. 2 Whether B should be granted parental responsibility for Z
  3. 3 Whether the trial judge erred in her welfare analysis and balancing of relevant factors

Ratio Decidendi

The appeal was dismissed because the trial judge conducted a proper welfare analysis, giving due consideration to all relevant factors, including genetic ties, emotional needs, and the ability of each household to meet Z's needs. The judge's findings were supported by evidence and her assessment of witness credibility. The only error was in not granting B parental responsibility, which was corrected on appeal.

Court Disposition

Appeal dismissed except as to parental responsibility for B, which is allowed.

Orders

  • Z to remain living with X and P.
  • Contact with A and B one weekend every eight weeks, no overnight stay.