Residence Applications - Does Biology Matter?

Sarah Clarke, Solicitor, Bindmans, London. A recent decision in the Court of Appeal, Re G (Residence: Same Sex Partners) [2006] EWCA Civ 372, has taken a fresh look at the way in which a child's natural parent should be defined and understood when considering the question of a child's residence. The court has rejected the idea that special significance should be attached to a child being brought up by the biological parent over the parent who is important to the child in the psychological sense. The appeal was against a decision of Mrs Justice Bracewell who had transferred the primary care of two girls, age 4 and 7, from the biological mother of the girls to her lesbian ex-partner. See August [2006] Fam Law 679 for the full article.

Click here if you subscribe to the Family Law journal online.

Read the full article here.