Shared residence orders in modern-day family structures

Table of contents

• Original news
• What is the significance of this decision?
• What were the challenges in this case?
• What does this case tell us about the court’s approach to the relative weight to be given to the gestational parent, the legal parent, and the social and psychological parent?
• What lessons can be learned in respect of residence orders? How might this decision affect future cases?
• What should lawyers advising in this area of law take from the judgment and do next?

Article summary

Family analysis: How does the law relating to parental responsibility accommodate modern-day family structures? Rebecca Foulkes, barrister at 4 Paper Buildings and counsel for the respondent in Re G says the case demonstrates that even where a party is a genetic parent and/or played a parental role this will not dictate that a shared residence order must be made.