A FAMILY lawyer spoke out about a decision in the High Court that cast the spotlight over non-traditional family structures and the unique difficulties that the people involved can experience when these relationships break down.
In this particular case a male couple responded to an advert from a lesbian couple for a gay man or couple to start a family with.
One of the men conceived a daughter with one of the women via IVF and initially the family were able to work well together and decided to have another child.
But the relationship between the two couples broke down after a number of years, primarily because they could not agree contact and living arrangements for the children.
Carole Atkinson, partner and head of family law at the Liverpool office of law firm Weightmans, believes that although this is an unusual situation, family law has adapted to suit all kinds of family set ups.
She said: “It is possible for parents involved in such disputes to make an application to court to request that a judge makes an order setting out what the contact and living arrangements will be. However, this is considered to be a last resort by the judiciary and family lawyers.
“Recent changes in the law mean that there is ever increasing emphasis placed on mediation to help parents reach their own solutions. This is a process that they can be guided though by their solicitors.”
Ms Atkinson said this case illustrates why, by the time the matter reached the High Court, it was established that the dispute had subjected the children to emotional harm.
She added: “The social worker described the children as being caught in ‘a horrendous tangle of emotion and conflict’ between the adults.
“A very dim view of this was taken by the judge when he made his decision in which he criticised the parents.”
The judge held that it was envisaged from the outset that the female parents would have day-to-day care of the children and that the male couple would take a secondary supporting role.
Ms Atkinson said: “ This case highlights the need for same sex couples wishing to have children by IVF to agree what the parenting arrangements will be before becoming parents.
“This is a rapidly expanding area of law where specialist legal advice at the initial stages of the relationship can avoid costly and damaging disputes at a later stage.”
