N. (G.) v. K. (K.) [1998] IEHC 15 (30th January, 1998)

N. (G.) v. K. (K.) [1998] IEHC 15 (30th January, 1998)

The Court found, on the balance of probabilities and based on credible and corroborated evidence, that P. K. was the father of G. N. Section 35 of the Status of Children Act 1987 applies, and the Plaintiff is entitled to a declaration of parentage. The Defendant's refusal to provide a blood sample did not prevent the Court from making the declaration, as the evidence was sufficient.

Citation
[1998] IEHC 15
Parties
Plaintiff: G. N.; Defendant: K. K.
Jurisdiction
Ireland
Procedural Posture
Declaration of Parentage / Final Judgment
Outcome
Declaration granted
Legal Topics
Status of Children, Declaration of Parentage, Retrospective Legislation, Locus Standi, Laches
Family Law Status of Children Declaration of Parentage Retrospective Legislation Locus Standi Laches

Case Brief

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Parties

G. N.

Plaintiff

K. K.

Defendant

Procedural Posture

Declaration of Parentage / Final Judgment

Legal Issues

  1. 1 Whether the Plaintiff is entitled to a declaration of parentage under the Status of Children Act 1987
  2. 2 Whether Section 35 of the Status of Children Act 1987 applies retrospectively
  3. 3 Whether the Plaintiff has locus standi to bring the claim

Ratio Decidendi

The Court found, on the balance of probabilities and based on credible and corroborated evidence, that P. K. was the father of G. N. Section 35 of the Status of Children Act 1987 applies, and the Plaintiff is entitled to a declaration of parentage. The Defendant's refusal to provide a blood sample did not prevent the Court from making the declaration, as the evidence was sufficient.

Court Disposition

Declaration granted

Orders

  • Declaration that P. K. is the father of G. N.