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April 08, 2005

Yet Another April Fool …

In what is claimed to be a landmark judgement in terms of the legal treatment of same-sex couples, today’s Times reports that contact rights in respect of two young sisters, aged 6 and 3, have just been awarded by an appeal court judge to the former female partner of the children's lesbian mother who split up with her former partner two years ago after she conceived the children by means of AID whilst still in relationship with her.

In explaining his reasons for the decision, Lord Justice Thorpe, Deputy Head of the Family Division of the High Court, said he had made it so that the former lover of the mother of the girls could continue to play ‘a significant role’ in their lives.

In arriving at his decision, the judge appears to have been swayed by the 'expert' testimony given by a court welfare officer who claimed that ‘excluding the former lover would not help the children understand the history of their earlier lives.’

The same officer is further reported as having claimed their continued contact with the former lovewr of their mother “would help the girls to have clear picture of where they fit in when they grow older.”

Lord Justice Thorpe indicated the general ‘principles’ that had helped him to make up his mind on the issue when he added that:

“What has been said about the importance of fathers is of equal application in same-sex parents…. I am in no doubt at all that the children require firm measures to safeguard them from diminution or loss of a vital side of family life.”

Had this story appeared last Friday on 1st April and not today, I would have thought it a joke, and one in poor taste at that.

Let us set aside for the moment the question whether AID should be a procedure legally available to women outside of a conventional marriage that would supply any children conceived that way with a ‘father’ as well as with a mother.

In what possible way can the welfare of the two girls be thought to be served by their being forced to maintain association with their other's former female lover against the express wish of their mother and after she broken up with that women when her children were aged 3 and 1 respectively?

It is only plausible to suppose their welfare would be imperilled by their discontinuing contact with their mother's former lover had the relation between her and their mother been so much more protracted as would have caused them to develop towards their mother’s former lover a much closer bond than could possibly have arisen in the relatively brief time during which she lived with them.

To suggest otherwise would, by parity of reasoning, entitle nannies, should they wish them, who often enjoy much closer contact with their very young charges than do either natural parent, to contact rights over their former charges in the name of their welfare.

The judge is reported to have said that the two girls would ‘benefit from allowing shared parental responsibility between the former partners’. This is despite their mother, to whom he was happy to grant sole residency, not wishing this responsibility so shared.

To the judge's claim, I wish to respond by saying: ‘Balderdash!’

The only understanding his Lordship has given the girls of their earlier lives and only clear picture of where they fit in is that they have been the exclusive playthings of women and made to serve as sacrificial lambs on the altar of political correctness. Moreover, with the full approval of a male judge, they have been been made into piggies-in-middle of a shameful tug of war between two estranged former lovers of whom one happens to be their natural mother.

This is not a salutary lesson for any girls who would otherwise, as a matter of sheer statistical probability, almost certainly be likely to grow up with normal heterosexual proclivities.

What damage is the judge's decision likely to have done to the formation within them of a normal female wish to become mothers one day in the normal way?

So little consideration to the welfare of the girls can any of the parties involved in the decision be thought to have displayed that the judge's decision might well be thought as likely to facilitate the development in them of normal healthy sexual proclivities as would have been likely had he ordered instead that they be sent forthwith to a nunnery!





Posted by David Conway at April 8, 2005 01:56 PM

Comments

I think this another example of judges adopting political standpoints for their cases. I understand that they pick their own cases.

The worst example is Collins who tends to pick asylum cases so that he can reach a pre-ordained decision. Macpherson was prejudiced against the police when he started his enquiry and he is a judge!

Posted by: David Hamilton at April 9, 2005 10:57 AM

I think Mr Conway's argument is compelling, but he does not give any recognition of the feelings of the mother's partner. I wonder whether, if the unmarried partner had been a man, he would have taken such a hard line, with such little appreciation of the commitment of the former lover to maintain contact with the children? Apart from anything else, increasing evidence suggests that 'sexual proclivities' are due to biological factors rather than the circumstances of one's upbringing, so it is unlikely that the girls' orientations would be affected in any way by this ruling.

Posted by: Richard at April 9, 2005 02:12 PM

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