AB v CD (No 2)

AB v CD (No 2)

The child's best interests require disclosure of X's identity to be managed at the child's pace, as determined by the independent social worker, and not before. Permission for holiday abroad is refused due to risk of non-return and insufficient safeguards. The strike-out application in the deceit proceedings is to be listed for early hearing to avoid unnecessary evidence and cost.

Parties
Applicant: AB; Respondent: CD; Child: C (a child)
Jurisdiction
England and Wales
Judgment Date
16 August 2019
Procedural Posture
Family / Post Initial Judgment, Directions and Interim Orders
Outcome
Interim orders and directions issued; permission for holiday refused; strike-out application listed for hearing.
Legal Topics
Paternity Disclosure, Holiday Travel With Child, Deceit Proceedings, Case Management, Jurisdictional Issues
Family Law Child Law Civil Procedure Paternity Disclosure Holiday Travel With Child Deceit Proceedings Case Management Jurisdictional Issues

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Parties

AB

Applicant

CD

Respondent

C (a child)

Child

Procedural Posture

Family / Post Initial Judgment, Directions and Interim Orders

Legal Issues

  1. 1 Whether to revisit decision on disclosure of paternity to child
  2. 2 Timing and manner of disclosure of biological father's identity
  3. 3 Permission for psychological father to take child abroad

Ratio Decidendi

The child's best interests require disclosure of X's identity to be managed at the child's pace, as determined by the independent social worker, and not before. Permission for holiday abroad is refused due to risk of non-return and insufficient safeguards. The strike-out application in the deceit proceedings is to be listed for early hearing to avoid unnecessary evidence and cost.

Court Disposition

Interim orders and directions issued; permission for holiday refused; strike-out application listed for hearing.

Orders

  • Mother to disclose identity of X to C when independent social worker advises it is appropriate.
  • H barred from publicising X's identity except in Children Act and financial remedy proceedings.