1st February 2017
Transgender father denied the right to see his children
The case of a transgender father who has been prevented from having a direct relationship with his children due to the risk of them being ostracised by their mother’s orthodox Jewish community, raises some interesting and disturbing issues.
Effectively it allows the intolerant views of a section of society to deny these children the right to grow up having a relationship with their father.
In making his decision, the judge said: “Weighing up the profound consequences for the children’s welfare of ordering or not ordering direct contact with their father, I have reached the unwelcome conclusion that the likelihood of the children and their mother being marginalised or excluded by the ultra-Orthodox community is so real, and the consequences so great, that this one factor, despite its many disadvantages, must prevail over the many advantages of contact.”
If you have any questions relating to children and separation, please contact the family team by calling us on 01892 510 222 or by filling in our online contact form.
Melanie den Brinker
Partner
Barrister and Collaborative Lawyer
Family and Divorce
Office : Tunbridge Wells
01892 502 326mdenbrinker@bussmurton.co.uk
Profile
Melanie was called to the Bar in 1984. For over 10 years she practised as a Barrister in a specialist set of London family law chambers, regularly appearing in the High Court and conducting a number of cases in the Court of Appeal.
Having taken a career break to care for her children, in 2003 she joined the Buss Murton family team. Melanie is now a partner and head of the family team. Her expertise and wide experience gained both from her time at the Bar and at Buss Murton, enable her to assist and advise on all areas of family law. She now specialises in high net worth financial cases and in complex children cases including those where a parent wishes to move abroad with children.
Melanie is one of the area’s most experienced and active collaborative lawyers and, where possible, strongly supports the resolution of issues through negotiation, rather than through the courts. She is a founder member of the local collaborative lawyers’ group and has given lectures to other family lawyers on collaborative law. Melanie is a member of Resolution (the organisation of family lawyers) and strongly supports the association’s aim to resolve issues in as fair and amicable way as possible.
Expertise
Divorce and civil partnership
Arrangements for children on divorce and separation
Financial arrangements on divorce and separation
Co-habitation and Separation Agreements
Removal from the jurisdiction
Change of Name
Pre and Post Nuptial Agreements
Alternative Contact:
Louise Huxstep
01892 502 338
lhuxstep@bussmurton.co.uk
LinkedIn Profile
Articles
- Child Arrangements Orders in the UK: What You Need to Know
- How to choose your divorce lawyer
- How to share Christmas
- Varying Spousal Maintenance Payments after Divorce
- Putting Children First: Should their views be heard in Court?
- “Dr Foster” – How NOT to separate!
- Summer holidays – the last straw?
- Transgender father denied the right to see his children
- First baby showers and now divorce parties are coming to the UK!
- Is there such a thing as a ‘good divorce’?
Memberships
- Resolution (the national organisation of family lawyers)