ML & Anor v RW & Anor

The applicants are to be recognized as secondary parents with a real but limited parenting role, while the respondents are affirmed as principal parents. Contact arrangements must reflect these roles and prioritize the welfare and emotional needs of the children, overriding adult disputes.

Parties: Applicant: M L; Applicant: A R; Respondent: R W; Respondent: S W
Jurisdiction: England and Wales
Judgment Date: 29 July 2011
Procedural Posture: Family / Judgment
Outcome: Contact order granted; residence application struck out.
Legal Topics: Parental Responsibility, Contact Orders, IVF Parenting Arrangements, Residence Applications

Family Law Child Welfare Parental Responsibility Contact Orders IVF Parenting Arrangements Residence Applications

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Parties

M L

Applicant

A R

Applicant

R W

Respondent

S W

Respondent

Procedural Posture

Family / Judgment

Legal Issues

1 What parental roles should the applicants and respondents play in the lives of the two children?
2 What contact arrangements are in the children's best interests?
3 How should parental responsibility be exercised among the parties?

Ratio Decidendi

Court Disposition

Contact order granted; residence application struck out.

Orders

Younger child to have visiting contact with applicants for three hours before holiday; respondents to make child available at agreed handover point.
After holiday, younger child to have staying contact from Saturday 2pm to Sunday 5pm, repeated one month later; thereafter two nights' contact monthly until welfare hearing.