CW v NT & Anor

CW v NT & Anor

The court found that T had formed a clear attachment to her mother, who was better able to meet her emotional needs. Removing T from her mother would cause harm. The mother entered the surrogacy agreement in good faith and is committed to facilitating contact with the father. The welfare of T required that she remain with her mother.

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
Residence Order Application Under the Children Act 1989 / Final Judgment
Outcome
Residence order granted in favour of the mother; interim contact order for the father; case to be reviewed in February 2011.
Legal Topics
Surrogacy, Residence Orders, Child Welfare, Parental Responsibility, Contact Orders
Family Law Child Law Surrogacy Residence Orders Child Welfare Parental Responsibility Contact Orders

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Parties

CW

Applicant

NT

1st Respondent

TT (a child, by her guardian Joanne Farnsworth)

2nd Respondent

Procedural Posture

Residence Order Application Under the Children Act 1989 / Final Judgment

Legal Issues

  1. 1 Whether the child T should reside with her biological mother or with the commissioning parents under a surrogacy arrangement
  2. 2 Assessment of the parties' capacity to meet the child's physical and emotional needs
  3. 3 Impact of deceitfulness and internet involvement on suitability as carers

Ratio Decidendi

The court found that T had formed a clear attachment to her mother, who was better able to meet her emotional needs. Removing T from her mother would cause harm. The mother entered the surrogacy agreement in good faith and is committed to facilitating contact with the father. The welfare of T required that she remain with her mother.

Court Disposition

Residence order granted in favour of the mother; interim contact order for the father; case to be reviewed in February 2011.

Orders

  • T shall reside with her mother.
  • Interim visiting contact between T and her father until the review hearing in February 2011, to be arranged by the guardian.