D (Contact and PR: Lesbian mothers and known father) No.2, Re [2006] EWHC 2 (Fam) (12 January 2006)

D (Contact and PR: Lesbian mothers and known father) No.2, Re [2006] EWHC 2 (Fam) (12 January 2006)

The court held that, although Mr B had demonstrated commitment and attachment to D and had regular contact, the grant of parental responsibility in this specific family context would undermine the security and integrity of the primary family unit headed by Ms A and Ms C. The welfare of D, as the paramount consideration, required that parental responsibility not be granted to Mr B at this time, given the potential for disruption and the unique vulnerabilities of the family structure. The court recognised the evolving legal and social context but determined that the best interests of the child were served by maintaining the current arrangement, with regular contact but without conferring...

Citation
[2006] EWHC 2 (Fam)
Parties
Applicant: B; 1st Respondent: A; 2nd Respondent: C; 3rd Respondent: D (acting by her Guardian)
Jurisdiction
England and Wales
Judgment Date
12 January 2006
Procedural Posture
Family Law Parental Responsibility and Contact / Judgment After Full Hearing
Outcome
Application for parental responsibility by Mr B refused; contact arrangements approved by consent.
Legal Topics
Parental Responsibility, Contact Orders, Same Sex Parenting, Best Interests of the Child, Children Act 1989, Civil Partnership, Adoption
Family Law Child Law Lgbtq+ Law Parental Responsibility Contact Orders Same Sex Parenting Best Interests of the Child Children Act 1989 +2 more

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Parties

B

Applicant

A

1st Respondent

C

2nd Respondent

D (acting by her Guardian)

3rd Respondent

Procedural Posture

Family Law Parental Responsibility and Contact / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the biological father (Mr B) should be granted parental responsibility for the child D in the context of a family headed by a lesbian couple;
  2. 2 What contact arrangements are in the best interests of the child;
  3. 3 How the law should approach parental responsibility in non-traditional family structures involving same-sex couples and known donors.

Ratio Decidendi

The court held that, although Mr B had demonstrated commitment and attachment to D and had regular contact, the grant of parental responsibility in this specific family context would undermine the security and integrity of the primary family unit headed by Ms A and Ms C. The welfare of D, as the paramount consideration, required that parental responsibility not be granted to Mr B at this time, given the potential for disruption and the unique vulnerabilities of the family structure. The court recognised the evolving legal and social context but determined that the best interests of the child were served by maintaining the current arrangement, with regular contact but without conferring...

Court Disposition

Application for parental responsibility by Mr B refused; contact arrangements approved by consent.

Orders

  • Mr B is not granted parental responsibility for D.
  • Contact between Mr B and D to occur every second Saturday of the month from 10 a.m. to 5 p.m., with four additional outings per year as specified.