Case No. ZC22P00521
Family Court

Case No. ZC22P00521

Fecha: 28-Oct-2022

Re X (2020) EWFC 39

the applicant father had also died, although this time during the course of the pregnancy (so that the child did not have her home with him either at the date of the application or the order).29.In each of those cases, for different reasons, the child was not living with both applicants in one home at the relevant time but in each case the court took a purposive approach in interpreting this requirement. As Sir James Munby P stated in Re X (ibid) the child had his home with the applicants albeit they lived in separate houses, noting the child ‘plainly did not have his home with anyone else’ [67].30.The same situation applies here. G has his home with the applicants between their two homes, on occasion they spend time when they are all together. G does not have his home with anyone else other than with the applicants and it is the only ‘home’ G has known.