A Local Authority v SB & Ors [2022] EWFC 111 (15 July 2022)

A Local Authority v SB & Ors [2022] EWFC 111 (15 July 2022)

A declaration of non-parentage is a factual determination and should be made where DNA evidence is conclusive and unopposed. Discharge of parental responsibility under s.4(2A) Children Act 1989 is not automatic upon such a declaration; it is a separate, welfare-based decision requiring full evidence and analysis at...

Source-derived case information.

Citation
[2022] EWFC 111
Parties
Applicant: a LOCAL AUTHORITY; Respondent (1): SB; Respondent (2): FM; Respondent (3): RK; Respondent (4) and (5): THE CHILDREN (via their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
15 July 2022
Procedural Posture
Family Law Children / Interlocutory Judgment on Applications for Declaration of Non Parentage and Discharge of Parental Responsibility
Outcome
Declaration of non-parentage made; application for discharge of parental responsibility to be determined at final hearing after welfare analysis.
Legal Topics
Declaration of Non Parentage, Discharge of Parental Responsibility, Statutory Construction, Children Act 1989, Family Law Act 1986, Welfare Principle
Family Law Declaration of Non Parentage Discharge of Parental Responsibility Statutory Construction Children Act 1989 Family Law Act 1986 Welfare Principle

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Parties

a LOCAL AUTHORITY

Applicant

SB

Respondent (1)

FM

Respondent (2)

RK

Respondent (3)

THE CHILDREN (via their Children’s Guardian)

Respondent (4) and (5)

Procedural Posture

Family Law Children / Interlocutory Judgment on Applications for Declaration of Non Parentage and Discharge of Parental Responsibility

Legal Issues

  1. 1 Whether a declaration of non-parentage under s.55A Family Law Act 1986 is appropriate where DNA evidence proves non-paternity
  2. 2 Whether discharge of parental responsibility under s.4(2A) Children Act 1989 is automatic following a declaration of non-parentage or requires a welfare-based decision

Ratio Decidendi

A declaration of non-parentage is a factual determination and should be made where DNA evidence is conclusive and unopposed. Discharge of parental responsibility under s.4(2A) Children Act 1989 is not automatic upon such a declaration; it is a separate, welfare-based decision requiring full evidence and analysis at final hearing.

Court Disposition

Declaration of non-parentage made; application for discharge of parental responsibility to be determined at final hearing after welfare analysis.

Orders

  • Declaration that RK is not the biological father of NMK.
  • Application for discharge of RK's parental responsibility to be considered at final hearing.