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02 August 2023
Issue: 8036 / Categories: Legal News , Child law , Divorce , International , Jurisdiction
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Landmark decision on parental status

The Court of Appeal has granted parental status to a party whose former same-sex civil partner lives with their children in Dubai, in a groundbreaking decision.

In S (Children: parentage and jurisdiction) [2023] EWCA Civ 897, the court overturned an earlier High Court decision to deny the appellant, CP, parental status and consequently decline jurisdiction for the English court to determine the welfare of four children based in a country that does not recognise the status of non-biological same-sex parents.

The children are British citizens and were conceived through a donor while CP and M, who gave birth to them, were in a civil partnership. The couple broke up and M moved to a Gulf State in 2014 with the elder children while the younger ones stayed with CP, before joining their siblings five months later.

The questions before the court were whether CP was the legal parent, under the Human Fertilisation and Embryology Act 2008, and whether the Family Court has jurisdiction to entertain CP’s application, under the Family Law Act 1986.

The court unanimously agreed there should be a declaration that CP is to be treated as the legal parent and that the courts of England and Wales have jurisdiction to entertain CP’s application and to make orders in respect of the children if they are justified on welfare grounds.

All parties, including the intervener Reunite, were represented pro bono.

Alexandra Tribe, partner at Expatriate Law, representing CP, 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.’

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Cripps—Radius Law

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Commercial and technology practice boosted by team hire

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Slater Heelis—Will Newman & Lucy Spilsbury

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Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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