CW v NT & Anor [2011] EWHC 33 (Fam) (21 January 2011)

CW v NT & Anor [2011] EWHC 33 (Fam) (21 January 2011)

The welfare of the child, T, required her to remain with her mother due to the clear attachment and the mother's greater capacity to meet T's emotional needs. Removing T from her mother would cause emotional harm. The mother was found to be more likely to foster contact with the father than vice versa. The surrogacy agreement and subsequent conduct, while relevant to credibility, did not outweigh the welfare considerations under the Children Act 1989.

Citation
[2011] EWHC 33 (Fam)
Parties
Applicant: CW; 1st Respondent: NT; 2nd Respondent: TT (a child, by her guardian Joanne Farnsworth)
Jurisdiction
England and Wales
Judgment Date
21 January 2011
Procedural Posture
Children Act 1989 Residence Application (surrogacy Context) / Final Hearing and Judgment
Outcome
Residence order in favour of the mother; interim contact for the father; review hearing scheduled.
Legal Topics
Surrogacy, Residence Orders, Parental Responsibility, Child Welfare, Contact Arrangements
Family Law Child Law Surrogacy Residence Orders Parental Responsibility Child Welfare Contact Arrangements

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Parties

CW

Applicant

NT

1st Respondent

TT (a child, by her guardian Joanne Farnsworth)

2nd Respondent

Procedural Posture

Children Act 1989 Residence Application (surrogacy Context) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the child (T) should reside with her birth mother or with the intended father and his wife following a surrogacy arrangement where the birth mother changed her mind.
  2. 2 What arrangement best serves the welfare of the child under the Children Act 1989.

Ratio Decidendi

The welfare of the child, T, required her to remain with her mother due to the clear attachment and the mother's greater capacity to meet T's emotional needs. Removing T from her mother would cause emotional harm. The mother was found to be more likely to foster contact with the father than vice versa. The surrogacy agreement and subsequent conduct, while relevant to credibility, did not outweigh the welfare considerations under the Children Act 1989.

Court Disposition

Residence order in favour of the mother; interim contact for the father; review hearing scheduled.

Orders

  • T shall reside with her mother.
  • Interim visiting contact between T and her father to be arranged by the guardian.