RE "A" and "B"

RE "A" and "B"

Given uncontested proceedings supported by cogent DNA evidence and proof of domicile and habitual residence, and no public policy concerns or necessity to join or notify another person, the court will grant a declaration under Section 6 that D is in law the parent of A and B and permit use of modified English form for the declaration pending local rules.

Citation
RE "A" and "B"
Parties
Applicants: A and B (by their next friend); Respondent: D
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 March 2008
Case Number
HCMP1652/2007
Procedural Posture
Declaration Under Section 6 of the Parent and Child Ordinance (cap.429) / Judgment on Uncontested Application
Outcome
Declaration granted that D is in law the parent of A and B.
Legal Topics
Parentage Declaration, Habitual Residence, Procedure and Court Forms, Notification to Registrar
Source Language
EN
Family Law Statutory Interpretation Evidence Parentage Declaration Habitual Residence Procedure and Court Forms Notification to Registrar

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Parties

A and B (by their next friend)

Applicants

D

Respondent

Procedural Posture

Declaration Under Section 6 of the Parent and Child Ordinance (cap.429) / Judgment on Uncontested Application

Legal Issues

  1. 1 Whether to grant a declaration under Section 6(1) of the Parent and Child Ordinance that the respondent is the legal parent
  2. 2 Whether the papers should be referred to the Secretary for Justice
  3. 3 Whether another person with potential interest must be joined or notified

Ratio Decidendi

Given uncontested proceedings supported by cogent DNA evidence and proof of domicile and habitual residence, and no public policy concerns or necessity to join or notify another person, the court will grant a declaration under Section 6 that D is in law the parent of A and B and permit use of modified English form for the declaration pending local rules.

Court Disposition

Declaration granted that D is in law the parent of A and B.

Orders

  • Declare that D is in law the parent of A and B.
  • Registrar to notify the Registrar of Births and Deaths of the making of the declaration pursuant to Section 6(4) of the Parent and Child Ordinance.