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Re B (A Child by her Guardian) [2017] EWHC 488 (Fam)

Sep 29, 2018, 19:47 PM
Private law children – Child arrangements order – Same-sex couple – Child lived with biological mother in Pakistan
A child arrangements order was made for the child to continue living in Pakistan with the biological mother and to have contact with the applicant.
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Date : Mar 21, 2017, 08:32 AM
Article ID : 113972

(Family Division, Russell J, 15 March 2017)

Private law children – Child arrangements order – Same-sex couple – Child lived with biological mother in Pakistan

A child arrangements order was made for the child to continue living in Pakistan with the biological mother and to have contact with the applicant.

R and J were in a same-sex relationship for 7 years. R gave birth to the child in 2008 following fertility treatment. When R and J separated in 2011 J continued to have regular contact with the child until 2014 when R took the child to live in Pakistan.

Since 2014 proceedings had been ongoing and included hearings in the Court of Appeal (Re B (A  Child) (Habitual Residence) (Inherent Jurisdiction) [2015] EWCA Civ 886) and the Supreme Court (In the matter of B (A child) [2016] UKSC 4). The Supreme Court overturned the decision that the English court did not have jurisdiction to hear the application for a child arrangements order and remitted the matter to the Family Division.

A child arrangements order was made for the child to remain living in Pakistan with her biological mother and to have both direct and indirect contact with the applicant who would have parental responsibility although on a limited basis.


This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.

Case No: FD 14P00238
Neutral Citation Number: [2017] EWHC 488 (Fam)
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION
IN THE MATTER OF THE CHILDREN ACT 1989
AND IN THE MATTER OF THE SENIOR COURTS ACT 1981

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 15th March 2017

Before:

MS JUSTICE RUSSELL

- - - - - - - - - - - - - - - - - - - - -

Between:

J
Applicant

- and -

R
1st Respondent

and

B
(A child by her guardian)
2nd Respondent

- - - - - - - - - - - - - - - - - - - - -

Re B (No 2) (A Child) (Welfare: Child Arrangement Order)
(Inherent Jurisdiction) (2017)

- - - - - - - - - - - - - - - - - - - - -

Alistair G Perkins (instructed by Freemans Solicitors acting pro bono) for the applicant
Kate Makepeace Grieve (instructed by Goodman Ray Solicitors acting pro bono) for the 1st Respondent
Jeremy Ford of Cafcass Legal on behalf of the child’s guardian

Hearing dates: 20th to 22nd February 2017

- - - - - - - - - - - - - - - - - - - - -

Judgment

Re B (A Child by her Guardian) [2017] EWHC 488 (Fam).rtf
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  • Judgments
  • Private Law Children
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