*AB v CD and another

Family proceedings – Paternity. In a novel case, a mother was ordered to disclose to her solicitors, forthwith, the name and contact details of the man (X), with whom she had had an affair, and was believed to have conceived a child. The child had been raised as the only child of the mother and her husband (AB), but DNA tests had revealed that AB was not the child's biological father. AB, having heard rumours of the affair, applied for an order that the mother disclose X's identity, so that the child could be told. The Family Division held that the starting point was that the child had to be told sooner, rather than later, that AB was not his biological father, but that it would be wrong to disclose X's identity until answers to certain questions were known. Accordingly, the court ruled that the mother's solicitors had to write to X in agreed terms, requiring answers to various questions by a specified time. The matter was listed to be heard before the same judge no later than 16 August 2019. Further, it was agreed that AB would be granted parental responsibility and a 'spend time' order in respect of the child, with whom he had a close relationship.

Category: