19 May 2017
OMH (a minor) by AS, his mother and next friend v. MT
- Citation
- OMH (a minor) by AS, his mother and next friend v. MT
- Court
- Court of Appeal
- Case number
- CACV65/2015
On the whole evidence the Court of Appeal was satisfied on the balance of probabilities that the respondent is the natural father: the mother's evidence was unchallenged and credible, the absence of DNA tests was due to the respondent's non‑participation and should not be held against the applicant, substituted service and later contacts established the respondent had notice and declined to participate, and there was no public policy reason to refuse the declaration; accordingly the appeal is allowed and a s.6(1) declaration is made.