FAMILY DIVISION
The Royal Courts of Justice Strand London WC2A 2LL |
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B e f o r e :
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(1) AV | ||
(2) RB | ||
(1) NV (A CHILD, BY HER GUARDIAN MS RODDY) | Respondents | |
Re G (Declaration of Parentage: Removal of Person Identified as Mother from Birth Certificate) (No 1) |
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291-299 Borough High Street, London SE1 1JG
Tel: 020 7269 0370 legal@ubiqus.com
THE FIRST RESPONDENT did not appear and was not Represented.
THE SECOND RESPONDENT did not appear and was not Represented.
MS M, CAREW (Solicitor) appeared on behalf of the Child.
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Crown Copyright ©
MR JUSTICE WILLIAMS:
I myself had floated to gauge the consequences of the making of a declaration in respect of the father both in terms of what impact it has on the ground in respect of the police for instance, but also whether there is any response from AV.
Declarations of parentage
(1) Subject to the following provisions of this section, any person may apply to the High Court or the family court for a declaration as to whether or not a person named in the application is or was the parent of another person so named.
(2) A court shall have jurisdiction to entertain an application under subsection (1) above if, and only if, either of the persons named in it for the purposes of that subsection—
(a) is domiciled in England and Wales on the date of the application, or
(b) has been habitually resident in England and Wales throughout the period of one year ending with that date, or
(c) died before that date and either—
(i) was at death domiciled in England and Wales, or
(ii) had been habitually resident in England and Wales throughout the period of one year ending with the date of death.
(3) Except in a case falling within subsection (4) below, the court shall refuse to hear an application under subsection (1) above unless it considers that the applicant has a sufficient personal interest in the determination of the application (but this is subject to section 27 of the Child Support Act 1991).
(4) The excepted cases are where the declaration sought is as to whether or not—
(a) the applicant is the parent of a named person;
(b) a named person is the parent of the applicant; or
(c) a named person is the other parent of a named child of the applicant.
(5) Where an application under subsection (1) above is made and one of the persons named in it for the purposes of that subsection is a child, the court may refuse to hear the application if it considers that the determination of the application would not be in the best interests of the child.
(6) Where a court refuses to hear an application under subsection (1) above it may order that the applicant may not apply again for the same declaration without leave of the court.
(7) Where a declaration is made by a court on an application under subsection (1) above, the prescribed officer of the court shall notify the Registrar General, in such a manner and within such period as may be prescribed, of the making of that declaration.
Re-registration after declaration of parentage
(1) Where, in the case of a person whose birth has been registered in England and
Wales—
(a) the Registrar General receives, by virtue of section 55A(7) or 56(4) of the Family Law Act 1986, a notification of the making of a declaration of parentage in respect of that person; and
(b) it appears to him that the birth of that person should be re-registered, he shall authorise the re-registration of that person's birth, and the re-registration shall be effected in such manner and at such place as may be prescribed.
(2) This section shall apply with the prescribed modifications in relation to births at sea of which a return is sent to the Registrar General.