G., Re, (2006) 362 N.R. 16 (HL)

• Case Date: July 26, 2006
• Jurisdiction: Canada (Federal)
• Citations: (2006), 362 N.R. 16 (HL)

G., Re (2006), 362 N.R. 16 (HL)

MLB headnote and full text

Temp. Cite: [2007] N.R. TBEd. AP.004

In re G (children) (FC)

([2006] UKHL 43)

Indexed As: G., Re

House of Lords

London, England

Lord Nicholls of Birkenhead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe and Baroness Hale of Richmond

July 26, 2006.

Summary:

At issue on this appeal was the weight to be attached in a custody dispute to the fact that one party was both the natural and legal parent of the child and the other was not.

The House of Lords determined the custody issue accordingly.

Family Law - Topic 1830

Custody and access - Right to custody - Rights of natural mother - CW and CG, a lesbian couple, wanted to raise a family - CG, gave birth to two children by artificial insemination - The couple's relationship deteriorated and custody proceedings ensued - An issue arose as to the weight to be attached to the fact that CG was the natural and legal parent of the child as opposed to CW, who was the psychological parent - The House of Lords held that the fact that CG was the natural mother of these children in every sense of that term, while raising no presumption in her favour, was undoubtedly an important and significant factor in determining what would be best for them now and in the future and should have been considered by the courts below - On this basis, the court determined that a shared residence arrangement should continue, with the primary residence of the children being with CG with contact for CW.

Family Law - Topic 1881

Custody and access - Considerations in awarding custody - Welfare or best interest of child paramount - [See Family Law - Topic 1830 ].

Family Law - Topic 2082

Custody and access - Shared parenting - Considerations (incl. best interests of the child) - [See Family Law - Topic 1830 ].

Cases Noticed:

D. (Contact and Parental Responsibility: Lesbian Mothers and Known Father), Re, [2006] 1 F.C.R. 556, refd to. [para. 8].

E. (Residence: Imposition of Conditions), Re, [1997] 2 F.L.R. 638, refd to. [para. 15].

J. v. C., [1970] A.C. 668 (H.L.), refd to. [para. 27].

K.D., Re, [1988] A.C. 806; 92 N.R. 161 (H.L.), refd to. [para. 27].

O'Hara, Re, [1900] 2 I.R. 232, refd to. [para. 27].

K. (A Minor) (Ward: Care and Control), Re, [1990] 1 W.L.R. 431 (C.A.), refd to. [para. 28].

H. (A Minor) (Custody: Interim Care and Control), Re, [1991] 2 F.L.R. 109 (C.A.), refd to. [para. 28].

W. (A Minor) (Residence Order), Re, [1993] 2 F.L.R. 625 (C.A.), refd to. [para. 29].

Hodak, Newman and Hodak, Re (1993), F.L.C. 92-421, refd to. [para. 31].

Rice v. Miller (1993), F.L.C. 92-415, refd to. [para. 31].

Evelyn, Re, [1998] Fam. C.A. 55, refd to. [para. 31].

M.A.C. (An Infant), Re, [1966] 1 W.L.R. 646 (C.A.), refd to. [para. 33].

V.-P. v. V.-P. (Access to Child), [1978] 1 F.L.R. 336, refd to. [para. 42].

Statutes Noticed:

Children Act, 1989 (U.K.), sect. 1(1), sect. 1(3) [para. 25].

Authors and Works Noticed:

Goldstein, Joseph, Freud, Anna, and Solnit, Albert J., Beyond the Best Interests of the Child (1973), generally [para. 35].

United Kingdom, Law Reform Commission, Review of Child Law: Custody, Working Paper No. 96 (1986), para. 6.22 [para. 30].

Counsel:

Peter Jackson, Q.C. (Instructed by Family Law in Partnership for Ashtons, Truro), for the appellants;

Stephen Cobb, Q.C., and Lorna Meyer (Instructed by Bindman & Partners), for the respondents.

Agents:

[None disclosed.]

This appeal was heard by Lord Nicholls of Birkenhead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe and Baroness Hale of Richmond, of the House of Lords. The decision of the House was delivered on July 26, 2006, when the following opinions were filed:

Lord Nicholls of Birkenhead - see paragraphs 1 to 2;

Lord Scott of Foscote - see paragraph 3;

Lord Rodger of Earlsferry - see paragraph 4;

Lord Walker of Gestingthorpe - see paragraph 5;

Baroness Hale of Richmond - see paragraphs 6 to 45.