Arrangements for children following relationship breakdown

It is generally seen to be in a child’s best interests to have on-going contact with both parents following relationship breakdown. There is no reason for this to be any different where a child’s parents were in a same sex relationship and the courts have recognised this in recent years. If a couple cannot agree arrangements between themselves, the non-biological parent could apply to court for contact with a child. However, if she does not have parental responsibility she may need to first apply for leave from the court to do so. The court will consider the closeness of her relationship with the child and whether she has been involved in parenting the child. In a recent case where Bindmans acted for the non-biological parent, the court awarded a residence order which also gave parental responsibility to the mother’s former partner to ensure that the children could continue to benefit from the shared parenting they enjoyed while the couple were together.

Bindmans family department can offer specialist advice from leading experts on all aspects of gay parenting.

For further information, contact Katherine Gieve or Louise Coubrough or Melanie Hay.

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Arrangements for children following relationship breakdown