P & L (Minors), Re

P & L (Minors), Re

Contact orders must reflect the proper but limited role of the non-resident biological parent and partner, as discerned from the parties' conduct and agreements, while prioritising the welfare of the children and avoiding traditional stereotypes; only indirect contact is ordered for P due to emotional harm, and direct monthly contact for L to recognise the men's role.

Parties
Applicant: ML; Applicant: AR; Respondent: R W-B; Respondent: S W-B; Child: P; Child: L
Jurisdiction
England and Wales
Judgment Date
20 December 2011
Procedural Posture
Children Proceedings / Final Judgment
Outcome
contact orders issued; indirect contact for P, direct monthly contact for L; parties to comply; case reserved for review; no order as to costs
Legal Topics
Parental Responsibility, Contact Orders, Same Sex Parenting, Child Welfare, Anonymity
Family Law Parental Responsibility Contact Orders Same Sex Parenting Child Welfare Anonymity

Case Brief

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Parties

ML

Applicant

AR

Applicant

R W-B

Respondent

S W-B

Respondent

P

Child

L

Child

Procedural Posture

Children Proceedings / Final Judgment

Legal Issues

  1. 1 nature and extent of contact for non-resident biological parent and partner
  2. 2 definition of parental roles in same-sex families
  3. 3 impact of adult conflict on child welfare

Ratio Decidendi

Contact orders must reflect the proper but limited role of the non-resident biological parent and partner, as discerned from the parties' conduct and agreements, while prioritising the welfare of the children and avoiding traditional stereotypes; only indirect contact is ordered for P due to emotional harm, and direct monthly contact for L to recognise the men's role.

Court Disposition

contact orders issued; indirect contact for P, direct monthly contact for L; parties to comply; case reserved for review; no order as to costs

Orders

  • Indirect contact only for P until further order.
  • Direct staying contact for L one weekend per month, with extended contact in August 2012.