X v Y [2022] EWFC 77 (07 July 2022)

X v Y [2022] EWFC 77 (07 July 2022)

The court found, on the balance of probabilities, that the respondent is the applicant's biological father based on undisputed evidence of a relationship at the relevant time, the respondent's non-opposition, and the adverse inference drawn from his refusal to comply with the court's direction for DNA testing. There...

Source-derived case information.

Citation
[2022] EWFC 77
Parties
Applicant: X; Respondent: Y
Jurisdiction
England and Wales
Judgment Date
07 July 2022
Procedural Posture
Declaration of Parentage Application / Judgment on the Papers
Outcome
Declaration of parentage granted.
Legal Topics
Parentage, Declaration of Parentage, Identity, DNA Testing, Article 8 ECHR
Family Law Parentage Declaration of Parentage Identity DNA Testing Article 8 ECHR

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Parties

X

Applicant

Y

Respondent

Procedural Posture

Declaration of Parentage Application / Judgment on the Papers

Legal Issues

  1. 1 Whether a declaration of parentage should be made under s 55A Family Law Act 1986 in the absence of DNA testing and in light of the respondent's non-opposition and refusal to provide samples.

Ratio Decidendi

The court found, on the balance of probabilities, that the respondent is the applicant's biological father based on undisputed evidence of a relationship at the relevant time, the respondent's non-opposition, and the adverse inference drawn from his refusal to comply with the court's direction for DNA testing. There was no public policy reason to refuse the declaration.

Court Disposition

Declaration of parentage granted.

Orders

  • A declaration of parentage is made in favour of the applicant.