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Transgender Parent and Implications for Contact
We have recently considered the implications of the Court of Appeal decision in Re M (Children) 2017 EWCA Civ 2164 whereby an appeal was allowed by the transgender father against a court order which denied him direct contact with his children.
The court have re-assuringly reminded the lower courts of the need to ensure that the court acts as “the judicial reasonable parent” judging the children’s welfare according to the social attitudes of current times. The Court of Appeal have emphasised the need for people to be treated equally and with respect to their human rights.
The courts must deal with discrimination head on and look to address the children’s longer term interests and the importance of their father maintaining a role in their lives.
There are clear expectations that with the appropriate professional support, contact with the transgender parent can be achieved. This case is significant because it shows that the court is trying to keep in step with the changing face of society and that failure to acknowledge an individual’s rights under the Human Rights Act and any resultant discrimination will not be tolerated.
If you have faced difficulties with regard to seeing your children then please contact our team of family law solicitors.