In the Matter of X (No 1: Leave to Apply for a section 8 order)

In the Matter of X (No 1: Leave to Apply for a section 8 order)

JK has a sufficient connection with X, has made realistic concessions regarding contact, and the risk of disruption is not such as to cause harm. The statutory framework and public policy are relevant but not decisive in this fact-specific case. X's welfare is served by resolving JK's future role, so leave is granted.

Parties
Applicant: JK; Respondent: HS; Respondent: KS
Jurisdiction
England and Wales
Judgment Date
30 March 2015
Procedural Posture
Family / Application for Leave to Apply for a Section 8 Order
Outcome
Leave granted to JK to apply for a child arrangements order.
Legal Topics
Parental Responsibility, Child Arrangements, Artificial Insemination, Legal Parenthood, Leave to Apply
Family Law Parental Responsibility Child Arrangements Artificial Insemination Legal Parenthood Leave to Apply

Case Brief

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Parties

JK

Applicant

HS

Respondent

KS

Respondent

Procedural Posture

Family / Application for Leave to Apply for a Section 8 Order

Legal Issues

  1. 1 Whether JK, the genetic but not legal father, should be granted leave to apply for a child arrangements order under section 8 of the Children Act 1989
  2. 2 Whether JK's application risks disrupting the child's life to the extent of harm
  3. 3 The impact of public policy and statutory framework excluding JK as legal parent

Ratio Decidendi

JK has a sufficient connection with X, has made realistic concessions regarding contact, and the risk of disruption is not such as to cause harm. The statutory framework and public policy are relevant but not decisive in this fact-specific case. X's welfare is served by resolving JK's future role, so leave is granted.

Court Disposition

Leave granted to JK to apply for a child arrangements order.

Orders

  • JK is granted leave to apply for a child arrangements order regarding X.