Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
The suspension, during lockdown, of prison visits for children: was it lawful?
Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
View all articles
Authors

PATERNITY:Re S (Declaration of Parentage) [2012] EWCA Civ 1160

Sep 29, 2018, 18:22 PM
Slug : 2012ewcaciv1160
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 31, 2012, 02:42 AM
Article ID : 99857

(Court of Appeal, Pill, Rimer, Black LJJ, 23 August 2012)

The 9-year-old's parents were never married, the father's name was not on birth certificate but the child knew who his father was. The father was sentenced to life imprisonment for the murder of the mother of a former partner. The father applied for contact and for a declaration of paternity under s 55 of the Family Law Act 1986.

The judge refused to make the declaration on the grounds that it was not in the child's nor the public interest. The father appealed.

Appeal allowed. The judge had conflated s 55A and s 58 of the Act and concentrated on the best interests of the child but had failed to give full weight to the public interest aspect.

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from