E (A Child : Contact)

E (A Child : Contact)

The court found that the father has demonstrated commitment, cooperation, and a positive relationship with the child, and that a Parental Responsibility Order is necessary to reflect his legal status, avoid further litigation, and serve the child's welfare. The original intentions of the parties are not determinative; the child's best interests and the established facts are paramount.

Parties
Applicant: JB; Respondent: KS; Child/guardian: E (a child acting by his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
29 January 2015
Procedural Posture
Family / Judgment After Contested Hearing
Outcome
Parental Responsibility Order granted to the father.
Legal Topics
Parental Responsibility, Contact Arrangements, Same Sex Parenting, Birth Registration
Family Law Child Law Parental Responsibility Contact Arrangements Same Sex Parenting Birth Registration

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Parties

JB

Applicant

KS

Respondent

E (a child acting by his Children’s Guardian)

Child/guardian

Procedural Posture

Family / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether a Parental Responsibility Order should be made in favour of the biological father in the context of a child conceived by arrangement between a lesbian mother and a male parent.
  2. 2 The nature and extent of the parties' intentions and agreements prior to the child's birth regarding parental roles.
  3. 3 The appropriateness of unsupervised contact and the legal recognition of the father's status.

Ratio Decidendi

The court found that the father has demonstrated commitment, cooperation, and a positive relationship with the child, and that a Parental Responsibility Order is necessary to reflect his legal status, avoid further litigation, and serve the child's welfare. The original intentions of the parties are not determinative; the child's best interests and the established facts are paramount.

Court Disposition

Parental Responsibility Order granted to the father.

Orders

  • Parental Responsibility Order made in favour of the father.
  • Contact arrangements agreed and to proceed as per annexed plan.