The Supreme Court has refused to overturn a High Court order restraining a mother taking her one-year-old child to Australia for a year, until guardianship and access matters have been sorted with the child's biological father.
The case concerns a married lesbian couple, one of whom is the mother of the child, and a male sperm donor who is the natural father.
In a judgment today, two Supreme Court judges dismissed an appeal by the child's mother and her partner against a High Court injunction.
The injunction prevents the woman taking the infant out of the country until guardianship and custody matters are decided by the courts.
In explaining the judgment, Mrs Justice Denham said the welfare of the child was of paramount importance. She said because a year was a long time in the life of a developing infant an injustice could be done to the infant if its father was ultimately successful in his application for guardianship and joint custody.