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Same sex couple & shared residence order

Area(s) of Law : Family Law
Court : Court of Appeal (Civil Division)
Source : [2005] EWCA Civ 462
Date : 01-01-2005

Case Summary By : Janna Lawley

In a case where the parties were a same sex couple, one being the biological mother of the children (“A”) and the other seeking a joint residence order to enable her to have parental responsibility for the children (“B”), and the CAFCASS officer recommended joint residence, it was not open to the judge to dismiss the application on the basis that providing B with parental responsibility would provoke disputes between the parties which would otherwise be avoided.