G (Declaration of Parentage: Removal of Person Identified as Mother from Birth Certificate) (No 2)

G (Declaration of Parentage: Removal of Person Identified as Mother from Birth Certificate) (No 2)

Given AV's refusal to engage, her actions to frustrate the English court's jurisdiction, and the imminent risk of adoption proceedings in Bulgaria, it is in Naomi's best interests to declare AV is not her mother, RB is her birth mother, and to vary the return order to require Naomi's return to England.

Parties
Applicant: NG; First Respondent: AV; Second Respondent: RB; Third Respondent: NV (A CHILD, BY HER GUARDIAN MS RODDY)
Jurisdiction
England and Wales
Judgment Date
16 October 2018
Procedural Posture
Family Law Declaration of Parentage / Judgment After Prior Declaration and Further Hearing
Outcome
Declaration granted; return order varied.
Legal Topics
Declaration of Parentage, Birth Certificate Amendment, Return Order, Jurisdiction, Adoption Proceedings
Family Law International Child Abduction Declaration of Parentage Birth Certificate Amendment Return Order Jurisdiction Adoption Proceedings

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Parties

NG

Applicant

AV

First Respondent

RB

Second Respondent

NV (A CHILD, BY HER GUARDIAN MS RODDY)

Third Respondent

Procedural Posture

Family Law Declaration of Parentage / Judgment After Prior Declaration and Further Hearing

Legal Issues

  1. 1 Whether AV should be removed as mother from Naomi's birth certificate and RB declared as birth mother
  2. 2 Whether a further return order should be made for Naomi's return to the jurisdiction
  3. 3 Whether the court should assist the Bulgarian court regarding adoption proceedings

Ratio Decidendi

Given AV's refusal to engage, her actions to frustrate the English court's jurisdiction, and the imminent risk of adoption proceedings in Bulgaria, it is in Naomi's best interests to declare AV is not her mother, RB is her birth mother, and to vary the return order to require Naomi's return to England.

Court Disposition

Declaration granted; return order varied.

Orders

  • Declaration that AV is not Naomi's mother and RB is her birth mother.
  • Birth certificate to be amended accordingly.