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Children disputes can concern who a child should live with, who a child has contact with, or specific issues about things like medical treatment and schooling. If a dispute cannot be resolved, mediation must now be considered as the first legal step; the parties must attend a Mediation Information Assessment Meeting (MIAM) before they can issue court proceedings. Find out more about mediation. If mediation does not resolve things, an application can be made to the family cou...
There are sometimes disagreements about the status an adult has in relation to a child. Disputes about parenthood Whether someone is a legal parent affects whether they are financially responsible for a child, and what rights they have. Disputes about parenthood might involve a question of fact (for example who is the biological father of a naturally conceived child) or a legal question (for example whether someone is the legal parent of a child conceived through assisted reproduction - find o...
Particular issues arise for lesbian parents who separate, because the law on same-sex parenting has changed so much over the past 10 years, and because the dynamic always involves unequal biological status. Arrangements for children If living and contact arrangements cannot be agreed after separation, the family court will need to make a decision. Find out more about how the court deals with disputes about child arrangements. Lesbian parents often want to know whether the fact th...
Bringing a civil partnership to an end involves a court process which formally dissolves your legal connection as partners. The law for same-sex couples has evolved considerably over the past few years, so you should check that your relationship is treated as a civil partnership under UK law (rather than a marriage or a co-habiting relationship). If you are in a multi-national relationship, or have entered into an overseas relationship, or are not living in the UK, you may also need...
Bringing a marriage to an end involves a court process which formally dissolves your legal connection as spouses. Common law marriage does not exist under UK law, so you will only be recognised as being legally married if you have been through a valid ceremony or registration process. If you are not legally married, then the legal position if you separate is governed by the law on cohabitation (find out more about cohabitation disputes). For same-sex couples, you will be legally married i...
Disputes about the donor or co-parent's role Disputes sometimes arise in known donation and co-parenting arrangements about the nature of the donor or co-parent's role. This might involve questions about the frequency, purpose or nature of contact, or about whether a donor/co-parent should have parental responsibility. Such disputes have historically involved known sperm donors/co-parent fathers seeking a greater role, but similar issues could also apply in respect of known egg dono...
Untangling shared finances is a key feature of most divorces and civil partnership dissolutions. In practice, the process is separate from, but often runs in tandem with, the divorce or dissolution process itself. Financial disclosure Financial disclosure (designed to lay all the information on the table to create a clear picture) is an essential part of the process and usually dealt with by each party completing and then exchanging a Form E. This is a court form which set...
Legal parents (and in some cases step-parents) have a duty to provide for their children financially. For parents who are separating this usually means that the parent who is not living with the child should contribute financially to the child's care. This might take the form of regular maintenance payments and/or the provision of assets or capital lump sums (such as providing a home). The law can be more complex for separating parents who have children conceived through assisted reproduc...
Many couples live together without getting married or becoming civil partners. There is no such thing as common law marriage under UK law, regardless of the length of time a couple has lived together. Disputes over assets and properties If a cohabiting couple separates, there will often be issues to resolve in relation to assets which have been owned or enjoyed together. However, there is no process (equivalent to divorce) designed to untangle shared assets; the law simply looks at who...
Mediation is a voluntary and confidential process which helps adults to resolve issues themselves, rather than having the family court impose a decision on them. Where mediation is successful, it can often be less financially and emotionally costly than court proceedings, and it can leave people feeling that they have retained control rather than been subjected to the uncertainty of court proceedings. Mediation can be used as a means of resolving children disputes and disputes over finance...
Those considering surrogacy often worry about surrogacy agreements not being binding, and fear what might happen if the surrogate did not hand over the baby at birth. Equally many surrogates fear that the intended parents will not assume responsibility for their child. In fact, serious disputes of this kind between parents and surrogates are very rare. There have been only three UK reported cases dealing with UK surrogacy arrangements in which the surrogate has not handed the baby over at...
Parents who have obtained a UK parental order will be recognised as joint legal parents of their child by UK law and will share parental responsibility. If they separate, they should be treated in exactly the same way as any other natural or adoptive parents. In the case of G v G (2011) a father through surrogacy (who wished to enhance his own position in a separation) attempted to have a parental order overturned on the basis of procedural irregularities and the fact that his wife ha...
Richard's article, published in The Review (journal for family lawyers) in April 2014, discusses the ways in which mediation can be used to resolve disputes involving modern families, including same-sex parents, surrogacy disputes and known donation disputes.
Nicola's article, published in the journal of the British Infertility Counsellors' Association, discusses the importance of careful planning in known donation arrangements, both through counselling and legal advice
Natalie's article, published in Family Law (journal for family lawyers) in November 2013, reviews the hype around the case of Re G and Re Z and assesses its significance for lesbian parents and other parents through donor conception.
Natalie's article, written for fertility patients and published in the Infertility Network UK magazine in autumn 2013, explains the case of Re G and Re Z and whether parents conceiving with egg and sperm donors need to be worried.
Richard's article, published in The Review (journal for family lawyers) in November 2013, discusses the Marriage (Same Sex Couples) Act 2013 and what is will mean for gay and lesbian couples.
Richard's article, published in The Review (journal for family lawyers) in October 2013, looks at how fertility law affects things for couples breaking up, including parenthood issues for parents through donation and surrogacy, same-sex parents and embryo disputes
Richard's article, published in Bionews in June 2013, looks at the case of Re E and F (2013), in which a lesbian non-birth mother was held not to be a legal parent of her twin children, because procedures at the clinic had not been followed properly to nominate her as a parent.
Jenni Murray on BBC Radio 4 Woman's Hour discusses known sperm donation and what can go wrong with Natalie Gamble and Laura Witjens from the NGDT
Natalie's article, written for fertility patients and published in the Infertility Network UK magazine in summer 2012, looks at the impact of fertility treatment on relationships and disputes in relation to embryos and children where couples break up.
Sarah's article, published in Bionews in May 2012, looks at the law for lesbian parents whose relationships are breaking down.
Natalie's article, published in Bionews in February 2012, discusses the risks of known donation arrangements and how the family court deals with them when things go wrong.
Many people think that surrogacy arrangements often break down, with the surrogate keeping the baby. Natalie’s article, published in charity Infertility Network UK’s magazine for fertility patients dispels the myth and explains how UK law really works
Re TT (a minor) was the first disputed surrogacy case published in the UK in which a surrogate mother kept the baby. This article, published in Bionews in February 2011, discusses the case and its implications.
Natalie's comment piece for Bionews, published in November 2010, looks at the case of T v B and reflects on why the changes recognising lesbian couples as legal parents are so important.
Natalie's article, published in Family Law (leading journal for family lawyers) in November 2010, looks at the case of T v B which held that a lesbian non-birth mother was not financially responsible for her child.
Natalie's article, written for fertility patients and published in the Infertility Network UK magazine in autumn 2010, looks at the case of T v B (2010) and explains its significance for lesbian parents.
The High Court ordered a 15 month old girl to live with her biological father and his partner after finding that the birth mother had deceived them about her intentions to hand over the child and then launched a determined campaign to exclude them from the baby's life
This is the form you use to apply to court for a child arrangements order. This might be used in disputed situations or as a means of acquiring parental responsibility where everyone agrees.
The government provides a useful online calculator which can be used to apply the child maintenance rules to particular circumstances.
This is the court form you need to complete if you wish to apply for divorce.
This is the court form you will need to complete if you wish to dissolve your civil partnership.
This is the court form you will need to make an application to the court relating to financial issues.
This is the court form you will need if you are dealing with financial disclosure.
Richard's article, published in Gay Star News in November 2014, looks at known donation and co-parenting options and cases where things have gone wrong
Richard's article, published in Gay Star News in October 2014, looks at the pending changes to the law on conversion of civil partnerships
Richard's article, published in Gay Star News in September 2014, looks at pre-nuptial agreements
Richard's article, published in Gay Star News in July 2014, looks at the law for gay and lesbian couples who break up
The High Court extended the 6 month deadline for applying for a parental order for a UK couple with a child through surrogacy in India
A mother and father through surrogacy separated shortly after the birth and missed the deadline to apply for a parental order. The court was unable to resolve their legal status, leaving the child a ward of the court and leaving the surrogate as the legal mother.
The Court of Appeal upheld an appeal from a lesbian non-birth mother who had been denied residence of her twin children. The court said that insufficient account had been taken of the fact that she was the biological mother and too much weight placed on the fact that she was not a legal parent.
This was the first case to involve a known donor to lesbian civil partners who were joint legal parents named on the birth certificate. Two sperm donors (who were not legal parents) obtained the court's leave to apply for contact, but were told that their expectation of a full parental role was 'wholly unrealistic'. The case was reported on the front page of the Daily Mail. We acted for the lesbian mothers in this case.
A married woman had met a sperm donor via an Internet matching site and conceived a child. She pursued her child's biological father for child support, and there was a dispute over whether conception took place by artificial insemination or 'natural insemination'. After a fact-finding hearing, the court found that conception had taken place through intercourse and held the donor liable for child support and substantial legal costs.
The High Court held that a lesbian non-birth mother was not a parent after the couple failed to follow the correct procedures at the clinic to nominate her as a legal parent.
The Court of Appeal made clear that when the court assesses a financial claim between spouses or civil partners, it must consider the list of criteria set out in Section 25 of the Matrimonial Causes Act the principles should apply in the same way to same-sex civil partners as they do to heterosexual spouses.
The Court of Appeal upheld the position of a known father to a lesbian couple, rejecting the concept of principal and secondary parenting and saying there were no general principles apart from the child's welfare.
This case involved a protracted dispute between lesbian mothers and gay co-parent fathers, in dispute about the fathers' role. The court developed the concept of principal and secondary parenting to describe their roles, and said that the agreement between them should be given weight.
A UK traditional surrogate mother changed her mind and decided to keep the baby. The intended parents applied to the family court for a residence order (an order that the child should live with them) which the court refused. In this case, the court decided that the child should stay with the birth mother, who offered the best care.
A father who had been granted a parental order sought to have the order overturned, arguing that there were procedural irregularities and his wife had deceived him about her intent to leave him. The order was refused, as a parental order is permanent once made.
In this case, the Supreme Court established that pre-nuptial agreements could be upheld by the court if they wished
In a dispute over child support between former lesbian partners, the court was unable to make an order for the non-birth mother to provide financial support, because she was not a legal parent and not the birth mother's civil partner.
A known donor to a lesbian couple who was the non-birth mother's brother applied for contact and was given identity contact four times per year.
A UK traditional surrogate mother feigned a miscarriage, and the intended parents, who discovered she had given birth to a little boy, applied to the family court for a residence order (an order that the boy should live with them). The court transferred care to the intended parents, because this was deemed to be in the child's best interests in this case.
This House of Lords decision concerned a dispute between former lesbian partners about who their children should live with. Although care was awarded to the birth/biological mother, Baroness Hale made important comments about how the court should look at all forms of parenthood: biological, gestational and pyschological.
This was the first UK case to deal with a dispute between lesbian parents and a known donor. The donor was given restricted parental responsibility, and the court said it should safeguard the nuclear family unit comprising the lesbian mothers.
The Human Fertilisation and Embryology Act 2008 deals with parenthood law in surrogacy cases. Sections 33 to 53 set out who are treated as the legal parents when a child is born. Section 54 sets out the rules on parental orders.
This is the law which governs applications to the court concerning arrangements for children (see section 8-10), and applications for financial provision (Schedule 1).
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