X v Y [2024] EWFC 42 (B) (19 January 2024)

X v Y [2024] EWFC 42 (B) (19 January 2024)

It is in the child's best interests to be told the truth about his biological parentage as soon as it can be safely arranged, with professional support, because the risk of emotional and psychological harm from unmanaged or accidental discovery outweighs the mother's objections; there are no cogent child-focused reasons to deny the child this knowledge.

Citation
[2024] EWFC 42 (B)
Parties
Applicant/father: X; Respondent/mother: Y; Subject/child: A (child, by r16.4 Guardian CG)
Jurisdiction
England and Wales
Judgment Date
19 January 2024
Procedural Posture
Child Arrangements and Specific Issue (family) / Final Hearing
Outcome
Specific Issue Order granted; Child Arrangements Order deferred; s37 direction made.
Legal Topics
Child Arrangements, Specific Issue Order, Parental Responsibility, Disclosure of Parentage, Welfare of the Child, Alienation, Identity Rights
Family Law Child Arrangements Specific Issue Order Parental Responsibility Disclosure of Parentage Welfare of the Child Alienation Identity Rights

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Parties

X

Applicant/father

Y

Respondent/mother

A (child, by r16.4 Guardian CG)

Subject/child

Procedural Posture

Child Arrangements and Specific Issue (family) / Final Hearing

Legal Issues

  1. 1 Whether the child should be told the identity of his biological father
  2. 2 Whether a child arrangements order should be made at this stage
  3. 3 Whether the mother engaged in alienating behaviours

Ratio Decidendi

It is in the child's best interests to be told the truth about his biological parentage as soon as it can be safely arranged, with professional support, because the risk of emotional and psychological harm from unmanaged or accidental discovery outweighs the mother's objections; there are no cogent child-focused reasons to deny the child this knowledge.

Court Disposition

Specific Issue Order granted; Child Arrangements Order deferred; s37 direction made.

Orders

  • A must be told the truth about his parentage as soon as it can be safely arranged with professional support.
  • A s37 direction to London Borough of Hillingdon to assess future spending time arrangements, oversee disclosure to A, and provide therapeutic support.