TJ v CV & Anor

TJ v CV & Anor

It would be contrary to BA's best interests to grant TJ parental responsibility, as it would undermine the autonomy of the nuclear family and create conflict; however, BA's welfare is best served by maintaining some relationship with TJ, limited to four contacts per year, to allow BA to understand his origins without threatening the family unit.

Parties
Applicant: TJ; 1st Respondent: CV; 2nd Respondent: S; Child (by Guardian): BA (by his Guardian ad litem Mr James Johnstone)
Jurisdiction
England and Wales
Judgment Date
09 August 2007
Procedural Posture
Family / Judgment After Contested Hearing
Outcome
Application for parental responsibility: no order made; contact ordered; Section 91(14) order imposed.
Legal Topics
Parental Responsibility, Contact Orders, Same Sex Parenting, Artificial Insemination, Section 91(14) Orders
Family Law Child Law Parental Responsibility Contact Orders Same Sex Parenting Artificial Insemination Section 91(14) Orders

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Parties

TJ

Applicant

CV

1st Respondent

S

2nd Respondent

BA (by his Guardian ad litem Mr James Johnstone)

Child (by Guardian)

Procedural Posture

Family / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the biological father (TJ) should be granted parental responsibility for BA
  2. 2 What contact, if any, should be ordered between TJ and BA
  3. 3 How to balance the interests of the nuclear family (CV and S) with the biological father's role

Ratio Decidendi

It would be contrary to BA's best interests to grant TJ parental responsibility, as it would undermine the autonomy of the nuclear family and create conflict; however, BA's welfare is best served by maintaining some relationship with TJ, limited to four contacts per year, to allow BA to understand his origins without threatening the family unit.

Court Disposition

Application for parental responsibility: no order made; contact ordered; Section 91(14) order imposed.

Orders

  • No order for parental responsibility under Section 1(5) Children Act 1989
  • Contact between TJ and BA to occur four times a year, three on neutral territory, one at a family gathering, with conditions as to supervision and duration