MS v RS and BT (Paternity) [2020] EWFC 30 (22 April 2020)

MS v RS and BT (Paternity) [2020] EWFC 30 (22 April 2020)

The court refused to determine the application for a declaration of non-paternity under s 55A(5) Family Law Act 1986, finding that it would not be in the best interests of the children, who are Gillick competent, have suffered significant emotional distress, and strongly object to further DNA testing or determination of parentage. The evidence, including the commercial DNA test, was insufficient and unreliable to rebut the presumption of legitimacy on the balance of probabilities without further forensic testing, which the children refused. The paramount consideration was the children's welfare and autonomy.

Citation
[2020] EWFC 30
Parties
Applicant: MS; First Respondent: RS; Second Respondent: BT; Third Respondent: AS; Fourth Respondent: BS
Jurisdiction
England and Wales
Judgment Date
22 April 2020
Procedural Posture
Application for Declaration of Non Paternity Under S 55 a Family Law Act 1986 / Final Judgment After Contested Hearing
Outcome
Application dismissed/refused under s 55A(5) Family Law Act 1986 as not in the children's best interests.
Legal Topics
Parentage, Paternity, Presumption of Legitimacy, Children's Welfare, DNA Testing, Declarations of Parentage
Family Law Parentage Paternity Presumption of Legitimacy Children's Welfare DNA Testing Declarations of Parentage

Case Brief

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Parties

MS

Applicant

RS

First Respondent

BT

Second Respondent

AS

Third Respondent

BS

Fourth Respondent

Procedural Posture

Application for Declaration of Non Paternity Under S 55 a Family Law Act 1986 / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the applicant (MS) is not the biological father of the children A and B
  2. 2 Whether the court should refuse to determine the application under s 55A(5) Family Law Act 1986 as not in the children's best interests
  3. 3 Whether the presumption of legitimacy is rebutted on the balance of probabilities

Ratio Decidendi

The court refused to determine the application for a declaration of non-paternity under s 55A(5) Family Law Act 1986, finding that it would not be in the best interests of the children, who are Gillick competent, have suffered significant emotional distress, and strongly object to further DNA testing or determination of parentage. The evidence, including the commercial DNA test, was insufficient and unreliable to rebut the presumption of legitimacy on the balance of probabilities without further forensic testing, which the children refused. The paramount consideration was the children's welfare and autonomy.

Court Disposition

Application dismissed/refused under s 55A(5) Family Law Act 1986 as not in the children's best interests.

Orders

  • The court refused to determine the application for a declaration of non-paternity.
  • No declaration of non-paternity made.