L (A Child)

The judge applied the wrong legal test by focusing on whether the test was in D's best interests, rather than whether it would be adverse to her interests. There was insufficient evidence, particularly psychological evidence, to determine the impact on D. The order for testing was premature and should await the outcome of the fact-finding enquiry and further expert evidence.

Parties: First Appellant: D (by her Children’s Guardian); Second Appellant: G (by his Children’s Guardian); Respondent Local Authority: B City Council
Jurisdiction: England and Wales
Judgment Date: 20 August 2009
Procedural Posture: Child Welfare / Family Law Appeal / Appeal From Case Management Order
Outcome: Appeal allowed
Legal Topics: Paternity Testing, Best Interests of the Child, DNA Evidence, Case Management

Family Law Child Welfare Paternity Testing Best Interests of the Child DNA Evidence Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

D (by her Children’s Guardian)

First Appellant

G (by his Children’s Guardian)

Second Appellant

B City Council

Respondent Local Authority

Procedural Posture

Child Welfare / Family Law Appeal / Appeal From Case Management Order

Legal Issues

1 Whether the court should order DNA testing of a child (D) to determine the paternity of another child (G) against D's interests or without sufficient evidence of benefit to D
2 Whether the judge applied the correct legal test under the Family Law Reform Act 1969 for ordering scientific testing

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Order for DNA testing of D discharged
Application for testing adjourned until after fact-finding enquiry and further directions