Child A and Child B (Paternity: Identical Twins), Re

Child A and Child B (Paternity: Identical Twins), Re

The court found that both F1 and F2 had sexual relations with M within the likely window for Child A's conception, making it impossible to determine paternity without further scientific testing. Both parents were found to have perpetrated over-harsh physical chastisement against the children, but no findings of coercive or controlling behaviour were made against either party.

Parties
Applicant: M; First Respondent: F1; Second Respondent: F2
Jurisdiction
England and Wales
Judgment Date
13 June 2024
Procedural Posture
Children Act Private Law Proceedings / Fact Finding Hearing
Outcome
Paternity of Child A not determined; findings made on physical chastisement; no findings on coercive or controlling behaviour.
Legal Topics
Paternity, Child Arrangements, Domestic Abuse, DNA Testing, Declaration of Parentage
Family Law Paternity Child Arrangements Domestic Abuse DNA Testing Declaration of Parentage

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Parties

M

Applicant

F1

First Respondent

F2

Second Respondent

Procedural Posture

Children Act Private Law Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether F1 or F2 is the biological father of Child A
  2. 2 Whether either parent perpetrated domestic abuse including coercive and controlling behaviour
  3. 3 Whether either parent perpetrated physical abuse of the children

Ratio Decidendi

The court found that both F1 and F2 had sexual relations with M within the likely window for Child A's conception, making it impossible to determine paternity without further scientific testing. Both parents were found to have perpetrated over-harsh physical chastisement against the children, but no findings of coercive or controlling behaviour were made against either party.

Court Disposition

Paternity of Child A not determined; findings made on physical chastisement; no findings on coercive or controlling behaviour.

Orders

  • Suggested referral to Cafcass and Ministry of Justice for consideration of funding advanced DNA testing.
  • Recommendation to consider joining children as parties for separate representation.