Child A and Child B, Re (Paternity: Identical Twins) [2024] EWFC 132 (B) (30 April 2024)

Child A and Child B, Re (Paternity: Identical Twins) [2024] EWFC 132 (B) (30 April 2024)

The court finds that both F1 and F2 had sexual intercourse with M within the likely window for A's conception; standard DNA testing cannot distinguish between identical twins; paternity of A cannot be determined on current evidence. Both M and F1 perpetrated over-harsh physical chastisement of the children; no findings of coercive or controlling behaviour are made against either party.

Citation
[2024] EWFC 132 (B)
Parties
Applicant: M; First Respondent: F1; Second Respondent: F2
Jurisdiction
England and Wales
Judgment Date
30 April 2024
Procedural Posture
Private Law Children Act Proceedings / Fact Finding Hearing
Outcome
Paternity of Child A not determined; findings of over-harsh physical chastisement by both parents; no findings of coercive or controlling behaviour; case to proceed to welfare stage.
Legal Topics
Paternity, Child Arrangements, Domestic Abuse, Physical Abuse, DNA Testing, Declaration of Parentage
Family Law Paternity Child Arrangements Domestic Abuse Physical Abuse DNA Testing Declaration of Parentage

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Parties

M

Applicant

F1

First Respondent

F2

Second Respondent

Procedural Posture

Private Law Children Act Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether F1 or F2 is the biological father of Child A
  2. 2 Allegations of domestic abuse and physical abuse between M and F1
  3. 3 Child arrangements for A and B

Ratio Decidendi

The court finds that both F1 and F2 had sexual intercourse with M within the likely window for A's conception; standard DNA testing cannot distinguish between identical twins; paternity of A cannot be determined on current evidence. Both M and F1 perpetrated over-harsh physical chastisement of the children; no findings of coercive or controlling behaviour are made against either party.

Court Disposition

Paternity of Child A not determined; findings of over-harsh physical chastisement by both parents; no findings of coercive or controlling behaviour; case to proceed to welfare stage.

Orders

  • Copy of judgment to be sent to Cafcass for onward disclosure to MOJ regarding DNA testing funding.
  • Consideration of joining children as parties for separate representation.