Expatriate Law succeeds in overturning High Court decision denying a same-sex mother parental status

Date: 04 Aug 2023

Karen Jones

The judgment opens the door for English Court to investigate the welfare of children of same-sex couples all over the world.

On 2 December 2022, The High Court of England denied a party, who had raised children in a same-sex relationship, the status of parent and consequently declined jurisdiction for the English Court to determine the welfare of four children based in the Middle East within a country that does not recognise themselves the status of non-biological same-sex parents (albeit for different reasons).

In a landmark and historic decision that will resonate around the world, The Court of Appeal has today (27 July 2023) granted parental status to our client, the appealing party.

This judgment will open the jurisdictional door to other potential applicants in similar situations. Whereas the High Court in previous cases had been more restrictive in allowing the English Court to determine claims of children based abroad, the Court of Appeal have simplified the test and made it much easier for parties to successfully seek a determination in England, especially in circumstances where the country of the children’s habitual residence is either not available or not suitable, for example for the children of parents in a same-sex relationship residing in the Middle East.

Alexandra Tribe, Partner and Founder of Expatriate law said: “This is one of the most important family law decisions in the last year. It has two resounding impacts: one in the determination of parental status for those in same sex relationships and second, for those parents with children based around the world where, for whatever reason, they cannot rely on the country in which they live to provide a welfare jurisdiction for their children, the English Court is now much more likely to be able to assist. The law on whether someone is a parent and how children based abroad can still receive English Family Law justice have both been clarified, simplified and made far more accessible generally. ” We are delighted to have achieved parental status for someone who absolutely deserves it and to whom it means the world and that the  English Court have accepted jurisdiction over the four children living in the Middle East.”

Byron James, Partner and Head of Expatriate Law’s UAE office, said: “With this historic win in the Court of Appeal, we  have not only secured justice for our client but also opened the door on a new chapter in international family law.

We are immensely proud to have removed some antiquated barriers and paved the way for expatriates worldwide to access the English justice system in children cases. This victory reaffirms our unwavering commitment to pushing the boundaries of what is possible in a complex legal landscape and to delivering justice and protection to international families facing truly unique challenges. We will continue to champion the rights and causes of our clients and continue to strive to make a positive impact on the lives of expatriate children worldwide.”

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