X (A Child) No. 1 (Private Surrogacy Arrangement; Summary Dismissal of Renewed Application To Reopen Living Arrangement) [2016] EWFC 54 (08 November 2016)

There is no sufficient new evidence or change in circumstances to justify reopening the issue of with whom the child should live; the child's welfare is best served by maintaining the current settled arrangements with Mr and Mrs X.

Citation: [2016] EWFC 54
Parties: Applicant: Birth Mother; Respondent (genetic Father): Mr X; Respondent (wife of Mr X): Mrs X; Guardian: Guardian (Mr Elton Sanders)
Jurisdiction: England and Wales
Judgment Date: 08 November 2016
Procedural Posture: Children Act 1989 Private Law Proceedings (child Arrangements) / Application to Reopen Living Arrangements After Final Order
Outcome: Application summarily dismissed
Legal Topics: Surrogacy, Child Arrangements, Reopening Final Orders, Contact, Welfare of the Child

Family Law Child Law Surrogacy Child Arrangements Reopening Final Orders Contact Welfare of the Child

Case Brief

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Parties

Birth Mother

Applicant

Mr X

Respondent (genetic Father)

Mrs X

Respondent (wife of Mr X)

Guardian (Mr Elton Sanders)

Guardian

Procedural Posture

Children Act 1989 Private Law Proceedings (child Arrangements) / Application to Reopen Living Arrangements After Final Order

Legal Issues

1 Whether the final order as to the child's living arrangements should be reopened
2 Whether there is sufficient new evidence to reconsider with whom the child should live

Ratio Decidendi

Court Disposition

Application summarily dismissed

Orders

The application by the birth mother to reopen the child's living arrangements is dismissed.