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Date:14 JAN 2011

(Court of Appeal; Master of the Rolls, Patten and Black LJJ; 1 December 2010)

A lesbian couple was in a civil partnership. The father of their two children, aged 10 and 7, was a homosexual man in long-standing relationship. The father had parental responsibility.

A shared residence order was made in favour of the mother and father (but not the mother's partner) and was within the judge's discretion. It was only substituted to include the mother's partner with the father's consent because of concern about the position if the mother were to die during the currency of the shared residence order. The children were to spend significant period of time with father (152 days a year, 110 overnight).


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