Case No. LS386-20

, have or had been married to each other at any time” (emphasis by underlining added). 23.He contends that this definition materially can permit the court to ‘deduce’ Ms A’s and Ms B’s ongoing ‘relationship’ through a third person, namely Theo; he goes on to argue that through Theo the court can deduce that this relationship is an “enduring family relationship”. 24.Secondly, he argues that the language and structure of ACA 2002 is sufficiently adaptable (my word not his) as to allow me to interpret it in such a way as to fit the needs and circumstances of family life in 2021. Moreover, the court should so interpret it so as to serve, rather than deny, the best interests of this child (Emma) and children generally; this after all is the essential ethos of the ACA 2002. He references the clear view of the professionals (the social worker and Guardian) that it is likely to be in the interests of Emma that she be adopted by Ms A, and afforded the same legal status visa-vis Ms A and Ms B as her sibling, Theo. 25.He drew my attention, by analogy to the current situation on the facts of this case, to the position of a sole applicant under section 51(3)(b) and section 51(3A)(b) ACA 2002, and argues that if, for instance, Ms A had been at one time married or the civil partner of Ms B but at the time of the application had “separated” and they were “living apart”, and where that “separation is likely to be permanent”, there would be no bar on Ms A making the application. Indeed, he argues (correctly in my view) it would not have affected her ability to apply for an order if, having separated in those circumstances, Ms A was at the time of the application in a committed relationship with Ms C, or indeed another person. 26.He supported this argument by reference to the decision of Hedley J in Re T and M (Adoption) [2010] EWHC 964 (Fam); [2011] 1 FLR 1487, a decision founded on section 50 ACA 2002 (‘Adoption by a couple’). In his judgment, Hedley J considered specifically the phrase “living as partners in an enduring family relationship” and said this: “These words are no doubt chosen so as not to require the residence of both in the same property. That is not surprising as historically many a parent has had to work abroad whilst the family remained at home without in anyway imperilling an enduring family relationship. Nor is that unusual today with people having to move jobs often at short notice. What is required is: first,