In re B (a child) (2009) (FC)

Extract

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In re B (a child) (2009) (FC)

Michaelmas Term [2009] UKSC 5

On appeal from: [2009] EWCA Civ 545

JUDGMENT

In re B (A Child) (2009) (FC)

before

Lord Hope, Deputy President Lady Hale

Lord Collins

Lord Kerr Lord Clarke

JUDGMENT GIVEN ON

19 November 2009

Heard on 14 October 2009

Appellant (GB) Respondent (RJB) Alison Ball QC Pamela Scriven QC Peter Horrocks Cherie Parnell (Instructed by Powleys) (Instructed by Allan

Rutherford Solicitors)

Respondent (GLB)

In Person

LORD KERR

1. This is a judgment of the Court.

2. This appeal requires a revisiting of a vexed but highly important topic. The significance of parenthood in private law disputes about residence and contact has exercised many courts over many years but one might have thought that the final word on the subject had been uttered in the comprehensive and authoritative opinion of Baroness Hale of Richmond in In re G (Children) (Residence: Same-sex Partner) [2006] UKHL 43, [2006] 1 WLR 2305. As this case illustrates, however, misunderstandings about the true import of that decision and the applicable principles persist.

3. The case concerns a young boy whom we will call Harry, although that is not his real name. Harry will be four years old in December of this year. Until recently, apart from at weekends, he has lived continuously with the appellant, GB, who is his maternal grandmother. On 6 March 2009 Lowestoft Family Proceedings Court made a residence order in favour of GB. A contact order allowing staying contact wit...

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