05 January 2018, by Taylor King Family Law Solicitors
This was the opinion of the court of appeal in the case of an ultra orthodox Jewish father who had left his community to live as a woman, who was appealing against a decision that she should not have direct contact with her children. The appeal was upheld and the case was referred back to the high court.
After it became known that the father was living as a woman, the religious community threatened to ostracise the family if they had any contact with her. The high court judge had decided that the gulf between the parents, the mother within the orthodox community and the father as a transgender person, was too wide for the children to bridge.
The court of appeal disagreed and decided that it was more important that a parent was able to see their children, the judge has a positive duty to attempt to promote contact and to consider all available alternatives. The high court judge had given up too easily.
If you are experiencing problems with the arrangements for your children, or would just like to find out more information about the issues raised above, please contact Nicola Dunkerley. Please call 0161 883 0460 or email Nicola.firstname.lastname@example.org for further information.