UK: Court of Appeal Overturns Decision Denying Trans Parent Contact With Children

In Dec 2017, the Court of Appeal in Manchester has overturned a decision that would deny a trans woman contact with her children because of possible hostile reactions to the woman’s gender identity. The family court had reasoned that the possible hostile reactions of the social environment to the parent’s gender identity would harm the child and would thus justify a no-contact arrangement.

The Court of Appeal, however, found that neither the right of the children to be cared for both of their parents, nor obvious issues of discrimination had been addressed. The case touches also upon freedom of religion as the family is part of a ultra-Orthodox Jewish community in Manchester. The verdict is not final. The case has been returned to the family court.

Trans parents often face themselves in similar situations where their parental rights are challenged because of their gender identity.