Exploring options over contact applications from transgender parents (Re M (Children)

Family analysis: How should the court manage the impact of discriminatory behaviour on a child when evaluating welfare? Lyndsey Sambrooks-Wright a barrister at 2 Dr Johnson’s Buildings discusses the Court of Appeal’s decision in Re M (Children).

Original news

In Re M (Children) [2017] EWCA Civ 2164 the Court of Appeal allowed an appeal by a transgender parent following the breakdown of the marriage against an order dismissing the parent's application for direct contact with their children who continued to live with their mother within an ultra-orthodox Jewish community. The court remitted the case to the Family Court for re-consideration.

What was the background and what were the key issues at appeal?

This is an appeal against the decision of Peter Jackson J in J v B (Ultra-Orthodox Judaism: Transgender) [2017] EWFC 4 [2018] 1 FLR 58. That matter concerned the father’s application for contact with the parties’ five children then aged two to 12. The children continued to live with...

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