JK v HK & Ors

JK v HK & Ors

Direct contact between JK and X would pose an unacceptable risk to X's emotional welfare by destabilising her secure placement with her legal parents, HS and KS. The benefits of direct contact are outweighed by the risks, and X's welfare is best served by indirect contact through annual written communication, with photographs withheld initially to rebuild trust.

Parties
Applicant: JK; 1st Respondent: HS; 2nd Respondent: KS; 3rd Respondent: X (by her Children's Guardian, Angela Adams)
Jurisdiction
England and Wales
Judgment Date
13 November 2015
Procedural Posture
Family / Judgment After Final Hearing on Application for Contact
Outcome
Application for direct contact refused; indirect contact ordered.
Legal Topics
Contact Orders, Parental Responsibility, Artificial Insemination, Same Sex Parenting, Welfare of the Child
Family Law Child Law Reproductive Law Contact Orders Parental Responsibility Artificial Insemination Same Sex Parenting Welfare of the Child

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Parties

JK

Applicant

HS

1st Respondent

KS

2nd Respondent

X (by her Children's Guardian, Angela Adams)

3rd Respondent

Procedural Posture

Family / Judgment After Final Hearing on Application for Contact

Legal Issues

  1. 1 Whether the biological father (JK) should have direct contact with the child (X) where the legal parents (HS and KS) are a same-sex couple and oppose direct contact
  2. 2 Whether indirect contact is sufficient to meet the child's welfare needs

Ratio Decidendi

Direct contact between JK and X would pose an unacceptable risk to X's emotional welfare by destabilising her secure placement with her legal parents, HS and KS. The benefits of direct contact are outweighed by the risks, and X's welfare is best served by indirect contact through annual written communication, with photographs withheld initially to rebuild trust.

Court Disposition

Application for direct contact refused; indirect contact ordered.

Orders

  • No direct contact between JK and X.
  • Annual indirect contact by exchange of written communication between JK and X, facilitated by HS and KS.