J (a child), Re [2004] EWCA Civ 1849 (16 December 2004)

J (a child), Re [2004] EWCA Civ 1849 (16 December 2004)

Permission to appeal is granted and the appeal is adjourned pending a consolidated High Court hearing to determine both the section 55A application and whether the respondent presented a false case, as these issues require factual investigation and consideration of the child's best interests.

Source-derived case information.

Citation
[2004] EWCA Civ 1849
Parties
Subject: J (A Child); Appellant: Appellant; Respondent: Respondent
Jurisdiction
England and Wales
Judgment Date
16 December 2004
Procedural Posture
Appeal / Permission to Appeal Granted; Appeal Adjourned
Outcome
Permission to appeal granted; appeal adjourned; costs reserved
Legal Topics
Non Parentage Declaration, Paternity Testing, Best Interests of the Child, Reporting Restrictions
Family Law Civil Procedure Non Parentage Declaration Paternity Testing Best Interests of the Child Reporting Restrictions

Source-derived case record

Summary, issues, holding and outcome

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Parties

J (A Child)

Subject

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Appeal / Permission to Appeal Granted; Appeal Adjourned

Legal Issues

  1. 1 Whether the applicant is the biological parent of the child
  2. 2 Whether a paternity test should be ordered
  3. 3 Whether the respondent presented a false case in previous proceedings

Ratio Decidendi

Permission to appeal is granted and the appeal is adjourned pending a consolidated High Court hearing to determine both the section 55A application and whether the respondent presented a false case, as these issues require factual investigation and consideration of the child's best interests.

Court Disposition

Permission to appeal granted; appeal adjourned; costs reserved

Orders

  • Section 55A proceedings elevated to High Court
  • Consolidated hearing ordered for section 55A application and remitted issue