Case No. ZC22P00521

17.Section 54(2)(c) provides the applicants must be ‘two persons who are living as partners in an enduring family relationship and are not within prohibited degrees of relationship in relation to each other’.18.There is no statutory definition other than what is set out above. It is a question of fact to be considered on a case by case basis, as was made clear from the Parliamentary debate at the time the provision was being considered (see P and B v Z [2017] 2 FLR 168 [16],[17] and [19]).19.Ms Gamble submits there are three essential requirements in this provision: the applicants must be ‘living as partners’, they must be in a ‘family relationship’ and that relationship must be ‘enduring’.20.Ms Gamble makes the point that the applicants do not need to be living together, what is required is that they are ‘living as partners’. The court considered this issue in Re DM and LK [2016] EWHC 270 (Fam) in circumstances where the applicants were in a relatively new relationship, had made the joint decision to have children but had not lived together, caused mainly by their commitments to children from previous relationships. In those circumstances the court considered this requirement was met, noting at [41]‘On the information the court has it is clear the applicants are in a committed relationship, their intention is to remain in that relationship and as soon as circumstances permit, to live together full time. They spend such time as they are able to together, remain in regular contact when they are not together and are obviously committed to each other and X.’21.Ms Gamble also submits there is no requirement for the applicants to be in an intimate relationship, or not to be married to anyone else. The court does and should have the capacity to recognise new and diverse family structures.22.Having considered the evidence in this case it is clear the decision to have a child and the arrangements outlined above was very much a joint decision derived from the strength and nature of the relationship between Mr Y and Mr X founded on their wish to co-parent. This is what they have done since G was born, with the support and involvement of Mrs X when required. They are known to G as ‘Daddy’ and ‘Papa’. Their actions both before and since G’s birth have been very much a partnership, albeit they are largely living in separate households which G easily and readily moves between.23.The evidence demonstrates that Mr Y and Mr X have a ‘family relationship’. They have known each other a number of years, initially the relationship was intimate, more recently it has settled into a committed and loving relationship. Mr X describes it as follows ‘Our relationship was initially an intimate one but is now largely platonic although we love and support each other very much’. Mr Y describes it in the following way ‘We continue to love, support and respect one another and our dreams. When I mentioned to [Mr X] that I wanted to have a child, he immediately said that he would do everything to help make that a reality and he has been there for every step of the way, not only financially but emotionally. He is a fantastic parent to [G] and is everything I imagined he would be’. In his report Mr Verity notes that from a welfare perspective the applicants could be considered a ‘family unit despite not having had the relationship history of family life together that is common to more conventional applications. [G] calls [Mr Y] “Daddy” and [Mr X] “Papa” (and his wife has a familiar name based on her first name), and they have been consistent and particular in ensuring they co-parent, which I expect [G] will have sensed, and so are likely to continue to do so. [G] sense of family life will be consolidated’.24.As to whether the applicants’ relationship could be described as ‘enduring’ it has been in existence for 15 years, albeit they have not lived together during that time and Mr X has remained living with his wife during the majority of that time. Although unconventional, it is a long established loving and committed relationship.25.Having considered the terms of s54 (2) (c), the need to be alert not to read any requirement that is not there into the primary legislation and that the question of whether a relationship meets the statutory criteria is a question of fact to be considered in the light of the circumstances in each case, I am satisfied in this case the evidence establishes this criteria is met. To an outsider the nature of the applicants’ relationship may be described as ‘unusual’ or ‘unconventional’ but the court must remain focussed on the statutory requirements. In my judgment, the applicants are ‘living as partners in an enduring family relationship’. They are in a long term committed relationship with each other that has been in existence for a number of years. Whilst it is right Mr X has remained married and living with his wife, the existence of that relationship has not detracted from the evidence the court has of the way Mr Y and Mr X operate as committed and loving partners, particularly in relation to the way they have made the decision to have a child, the steps they have taken to do that and what they have done following G’s birth. Mr X is arguably in two relationships that could meet this definition but there is no requirement for any relationship within this definition to be exclusive, although it is a very relevant factor the court needs to take into account in assessing the evidence. I agree with Mr Verity that the applicants are very much a family unit even though they have not had the relationship history of family life together that is common to more conventional situations. They do not live together, the statute does not require that, but they are living as partners in a committed and loving relationship that has been established and maintained over a number of years. Its early focus was their relationship, more recently it has been their joint decision to have a child and the steps they have taken together to achieve that, what they have done following G’s birth and their plans for their relationship going forward, with G at the centre. Although unusual, this relationship established by Mr Y and Mr X co-exists with Mr and Mrs X’s marriage in the way described in the evidence. Mrs X is wholly supportive of the relationships that exist.