The birth mother of the toddler claims that she made a pact with the gay father during a restaurant meeting before the boy was conceived that the she and her partner would be the primary parents and that the father would not have paternal rights.
But now the father is claiming he had never agreed to be merely a sperm donor and is demanding overnight and holiday contact with the son he says is likely to be the only child he will ever have.
Currently the father has five hours of visitation rights every two weeks, but wants to gradually increase this to the point where he can take his son on holiday or have him stay overnight.
The three parents are now locked in a court battle in which three Appeal Court judges will have to rule on whether the little boy would benefit from “three parents and two homes”.
Recognising the importance of the outcome of the case within an alternative family spectrum, the three Appeal Court judges have now reserved their decision until an unspecified later date.