A mother, custody of whose children was awarded by the Court of Appeal to her estranged lesbian partner, has won her fight in the House of Lords to overturn the decision.

The mother had conceived the children by artificial insemination whilst in a long-term relationship with her former partner. When the relationship collapsed, a shared residence order was made. The natural mother of the children was opposed to this and, without telling her former partner, moved with the children from Shropshire to Cornwall.

In the Court of Appeal, the decision was made that in view of the hostility of the natural mother towards her former partner, the primary residence of the children should be with her former partner. The House of Lords dissented from this view, considering that the Court of Appeal had taken insufficient account of the importance of the fact that the appellant was the natural mother of the children. The Lords ordered that the primary residence should be with the natural mother, but with the appropriate access rights being preserved for her former partner, who was considered to be a figure of importance in the children’s lives.

The Lords stressed the consequences for the natural mother were she to frustrate her former partner’s attempts to see the children in accordance with the order of the Court.

Family law is currently undergoing considerable change. If you are having problems with custody rights or with any other family matter, contact Helen Hope or Robin Francis.