AB v CD (No 1)

AB v CD (No 1)

C should be told AB is not his biological father sooner rather than later, but disclosure of X's identity should be delayed until X's stance is known. Orders are made to contact X and seek his response before further disclosure to C. Parental responsibility and spend time order granted to AB. Overseas travel permitted with safeguards.

Parties
Applicant: AB; 1st Respondent: CD; 2nd Respondent: C
Jurisdiction
England and Wales
Judgment Date
02 July 2019
Procedural Posture
Children Act Proceedings / Judgment
Outcome
Orders made for disclosure of X's identity to solicitors, letter to X, listing for further hearing, parental responsibility and spend time order to AB, permission for overseas travel with safeguards, amendment of financial claim.
Legal Topics
Paternity Disclosure, Parental Responsibility, Child Welfare, Overseas Travel, Financial Remedies
Family Law Children Law Paternity Disclosure Parental Responsibility Child Welfare Overseas Travel Financial Remedies

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

AB

Applicant

CD

1st Respondent

C

2nd Respondent

Procedural Posture

Children Act Proceedings / Judgment

Legal Issues

  1. 1 Whether the child C should be told AB is not his biological father
  2. 2 Whether CD should be ordered to disclose X's identity
  3. 3 Timing and manner of disclosure to C

Ratio Decidendi

C should be told AB is not his biological father sooner rather than later, but disclosure of X's identity should be delayed until X's stance is known. Orders are made to contact X and seek his response before further disclosure to C. Parental responsibility and spend time order granted to AB. Overseas travel permitted with safeguards.

Court Disposition

Orders made for disclosure of X's identity to solicitors, letter to X, listing for further hearing, parental responsibility and spend time order to AB, permission for overseas travel with safeguards, amendment of financial claim.

Orders

  • CD to disclose X's name and contact details to her solicitors forthwith.
  • Solicitors to write to X by 5 July 2019 with reply required by 2 August 2019.