In the matter of F (Children) V [2011] EWCA Civ 1765 (14 December 2011)

In the matter of F (Children) V [2011] EWCA Civ 1765 (14 December 2011)

The statutory requirement to notify the Registrar General within 21 days of a declaration of parentage is mandatory and cannot be overridden by welfare considerations or general case management powers; any extension must be justified by exceptional circumstances and cannot be for an extended period such as four years.

Citation
[2011] EWCA Civ 1765
Parties
Appellant: B (biological father); Respondents: Mother and Psychological Father
Jurisdiction
England and Wales
Judgment Date
14 December 2011
Procedural Posture
Family Law Appeal / Appeal From Orders of HHJ Meston QC in Bournemouth County Court
Outcome
Appeal allowed
Legal Topics
Declaration of Parentage, Registration of Paternity, Public Records, Children's Welfare
Family Law Civil Procedure Declaration of Parentage Registration of Paternity Public Records Children's Welfare

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Parties

B (biological father)

Appellant

Mother and Psychological Father

Respondents

Procedural Posture

Family Law Appeal / Appeal From Orders of HHJ Meston QC in Bournemouth County Court

Legal Issues

  1. 1 Whether the court can defer notification to the Registrar General of a declaration of parentage beyond the statutory 21 days
  2. 2 Whether the judge conflated welfare considerations with statutory requirements for public record registration

Ratio Decidendi

The statutory requirement to notify the Registrar General within 21 days of a declaration of parentage is mandatory and cannot be overridden by welfare considerations or general case management powers; any extension must be justified by exceptional circumstances and cannot be for an extended period such as four years.

Court Disposition

Appeal allowed

Orders

  • Any extension of time for registration of the declaration of parentage is deleted from the effective order.
  • Order to substitute immediate notification to the Registrar General as required by statute.