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Family Law

The leading authority on all aspects of family law

06 APR 2005

RESIDENCE: Re G (Residence: Same-Sex Partners) [2005] EWCA Civ 462

(6 April 2005; Thorpe, Tuckey and Arden LJJ; Court of Appeal) [2005] 2 FLR 957, [2005] The Times April 29

Following the separation of a lesbian couple, one of whom had conceived children by artificial insemination during the relationship, the CAFCASS officer recommended that the court make a shared residence order, to enable the mother's lesbian partner to achieve parental responsibility. The judge instead made residence and contact orders. The judge had rejected the recommendations of the CAFCASS officer without sufficient reasoning, and had failed to pay proper heed to the CAFCASS warning that without parental responsibility the non-resident former partner would be marginalised. The judge had not had regard to authority or current trends concerning same sex relationships.

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