Jane and Emma were married to each other and had a good friend Sean. They approached Sean to ask whether he would consider being a sperm donor for them. Sean agreed, but asked that he be considered as a biological dad not a sperm donor.
Jane and Emma agreed, and an informal written agreement was drawn up stating that Sean would be the biological father. He would not pay maintenance but would have regular contact with the baby/babies, eventually progressing to overnight contact and alternate weekends. Jane, Emma and Sean agreed that Sean would be named on the birth certificates as the father.
Jane and Emma each had a child. Jane’s child was a boy, Euan, now aged 9. Emma’s child was a girl, Ada, now aged 7. The children are half siblings as Sean was the father of both children.
Jane and Emma decided to separate and divorce. Jane’s relationship with Sean remained stable and Euan continued to spend time in Sean’s care.
Emma started a new relationship and started living together with her new partner. Her relationship with Jane and Sean deteriorated, and Ada was not spending time with Sean or with her half sibling Euan.
Emma felt that Jane and Sean were undermining her relationship with her new partner and Ada was returning from time with Sean upset and distressed.
Sean came to mediation before going to court to apply for contact with Ada. Emma agreed to come to mediation but asked that her new partner take part in the mediation as she was experiencing anxiety and depression. Sean agreed.
Three sessions of shuttle mediation took place. Emma was present with her partner in one online meeting room and Sean was present in another online meeting room. The mediator moved between the two online meeting rooms. Within the mediation Emma was able to express her view that Sean had taken Jane’s side and Sean was able to reassure Emma that he had not talked to Ada about her or her new partner.
A gradual approach to rebuilding the relationship between Sean and Ada was agreed. The mediation resulted in an agreement being in place that allowed Ada to spend regular time with Sean, including at times when Euan was also in his care.
