Children of same-sex partner – part 2

Residence with non-biological parent CG v (1) CW (2) G (children) [2006] EWCA Civ 372

Shortly after the above hearing, G, in breach of the court order and without W’s knowledge, relocated the children overnight to Cornwall. W applied for orders under the s33 of the Family Law Act 1986 to discover the children’s whereabouts and G issued an application for the removal of the relocation restriction and for the reduction of W’s contact. W applied to become the children’s primary carer with shared residence. After hearing the evidence of the parties and their respective partners, the children’s guardian, while still on balance recommending that the children should stay with G, expressed his view that the court needed to be confident that any further orders would be complied with. The judge made a sole residence order in favour of W.