S v D & E

S v D & E

The most important factor is the connection that each applicant was allowed by the respondents to form with the child. The legislative reforms and policy are relevant but not decisive; each case is fact-specific. Both applicants have a good arguable case for contact given their established relationships and ongoing proceedings. Leave to apply for contact orders is granted; leave for residence order is refused.

Parties
Applicant: S; Respondent: D; Respondent: E; Applicant: T; Respondent: X; Respondent: Y
Jurisdiction
England and Wales
Judgment Date
31 January 2013
Procedural Posture
Application for Leave to Apply for Orders Under S.8 of the Children Act 1989 / Ruling on Leave to Apply for Contact Orders
Outcome
Leave granted to S and T to apply for contact orders in respect of G and Z respectively; leave for residence order refused.
Legal Topics
Legal Parenthood, Assisted Reproduction, Parental Responsibility, Contact Orders, Civil Partnerships, Human Fertilisation and Embryology Act 2008, Children Act 1989, Article 8 ECHR
Family Law Child Law Human Rights Legal Parenthood Assisted Reproduction Parental Responsibility Contact Orders Civil Partnerships +3 more

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Parties

S

Applicant

D

Respondent

E

Respondent

T

Applicant

X

Respondent

Y

Respondent

Procedural Posture

Application for Leave to Apply for Orders Under S.8 of the Children Act 1989 / Ruling on Leave to Apply for Contact Orders

Legal Issues

  1. 1 Whether biological fathers who are not legal parents under the Human Fertilisation and Embryology Act 2008 should be granted leave to apply for contact orders under s.8 of the Children Act 1989
  2. 2 Impact of legislative policy on leave applications
  3. 3 Application of s.10(9) Children Act 1989 criteria

Ratio Decidendi

The most important factor is the connection that each applicant was allowed by the respondents to form with the child. The legislative reforms and policy are relevant but not decisive; each case is fact-specific. Both applicants have a good arguable case for contact given their established relationships and ongoing proceedings. Leave to apply for contact orders is granted; leave for residence order is refused.

Court Disposition

Leave granted to S and T to apply for contact orders in respect of G and Z respectively; leave for residence order refused.

Orders

  • Leave to apply for contact orders in respect of G and Z granted to S and T respectively.
  • Leave to apply for residence order in respect of G refused to S.