I’ve been following this case as it has progressed through the courts this year.
An emotive and political journey of a transgender father who applied for contact with her children who – it was asserted by their mother – would face ostracism by their orthodox community if they had direct contact with her.
The judgement in this ground-breaking appeal has just been handed down today and has overturned the lower court’s decision and sent the case back to be reheard by a different judge.
“So strong are the interests of the children in the eyes of the law that the courts must, with respect to the learned judge, persevere. As the law says in other contexts, ‘never say never’. To repeat, the doors should not be closed at this early stage in their lives.”
KeshetUK, which promotes LGBT equality within the Jewish community, welcomed the decision and said “No child should be denied a parent’s love simply because their parent is lesbian, gay, bisexual or transgender, and no child should ever be forced to choose between their family and their community,” the group said.
It remains to be seen now what the retrial will bring for this family. Will the Court of Appeal’s plea for perseverance be sufficient to swing the decision back to at least some form of contact between the children and their father? Or will the doors remain firmly closed?
Charedi transgender parent wins appeal over access to childrenCourt rules that direct contact with father is in 'best interests' of children
The Appeal Court has overruled a previous legal decision to prevent a transgender Charedi father from having face to face contact with her children.
In a significant judgment published today, the court ruled that 'the best interests of these children seen in the medium to longer term is in more contact with their father if that can be achieved.
'So strong are the interests of the children in the eyes of the law that the courts must, with respect to the learned judge, persevere. As the law says in other contexts, never say never. To repeat, the doors should not be closed at this early stage in their lives.