Category: paternity

Daughter ordered to take DNA test to prove she has an interest in her late father’s estate – Family Law

Posted March 13th, 2018 in consent, DNA, families, jurisdiction, news, paternity, wills by sally

‘Colin Birtles died without a will in 2013. He was survived by his two daughters, Lorraine Freeman and Janice Nield-Moir. Unbeknown to her elder sister, Mrs Freeman successfully applied for letters of administration to enable her to manage and distribute his estate, amounting to his terraced house in Oldham and a small amount of cash. According to the rules of intestacy, Mr Birtles estate should be divided equally between the two sisters.’

Full Story

Family Law, 9th March 2018

Source: www.familylaw.co.uk

Exploring applications for declarations of parentage (Akyuz v Akyuz) – Family Law

Posted November 27th, 2017 in choice of forum, family courts, foreign jurisdictions, jurisdiction, news, paternity, stay of proceedings, time limits by sally

‘Private Client analysis: Michael Wells-Greco, partner at Charles Russell Speechlys, examines the issues in Akyuz v Akyuz and examines whether an application for a declaration of parentage should be dismissed or stayed on the basis of forum non conveniens.’

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Family Law, 24th November 2017

Source: www.familylaw.co.uk

Mum Danielle Morris who faked DNA paternity test jailed – BBC News

Posted June 13th, 2017 in children, DNA, fraud, news, paternity, sentencing by sally

‘A woman who faked a paternity test to fool an ex-partner into believing he was her baby’s father has been jailed.’

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BBC News, 12th June 2017

Source: www.bbc.co.uk

Finance and Divorce Update August 2016 – Family Law Week

Posted August 19th, 2016 in children, cohabitation, divorce, financial provision, marriage, news, paternity by tracey

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during July 2016.’

Full story

Family Law Week, 7th August 2016

Source: www.familylawweek.co.uk

Judge allows paternity test for DNA disease analysis – UK Human Rights Blog

Posted April 22nd, 2016 in cancer, DNA, family courts, genetic testing, human tissue, news, paternity by tracey

‘Spencer v Anderson (Paternity Testing) [2016] EWHC 851 (Fam). A fascinating case in the Family Division throws up a number of facts that some may find surprising. One is that this is the first time the courts in this country have been asked to direct post-mortem scientific testing to establish paternity. The other is that DNA is not covered by the Human Tissue Act, because genetic material does not contain human cells. One might wonder why the statute doesn’t, given that DNA is the instruction manual that makes the human tissue that it covers – but maybe updating the 2004 law to cover genetic material would create more difficulties than it was designed to resolve.’

Full story

UK Human Rights Blog, 20th April 2016

Source: www.ukhumanrightsblog.com

Approach of Home Office to nationality case “astonishing and grotesque” rules High Court – Free Movement

Posted October 16th, 2015 in citizenship, DNA, government departments, India, news, paternity by sally

‘The case is R (Bondada) v Secretary of State for the Home Department [2015] EWHC 2661 (Admin), a challenge to a refusal by British officials to recognise the British citizenship of a lady who was a survivor of domestic violence looking to rebuild her life.’

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Free Movement, 16th October 2015

Source: www.freemovement.org.uk

Court orders girl with two mothers to stay in touch with two fathers – The Guardian

Posted October 16th, 2015 in assisted reproduction, children, contact orders, news, paternity by sally

‘A 14-year-old girl who was born as a result of donor fertilisation and is now embroiled in an “extraordinary” high court case has been ordered to stay in touch with her two “fathers” against her wishes.’

Full story

The Guardian, 15th October 2015

Source: www.guardian.co.uk

Judge attacks government’s ‘grotesque’ conduct in denying woman UK passport – The Guardian

Posted October 16th, 2015 in citizenship, DNA, government departments, India, news, paternity by sally

‘The government tried to deny a passport to the daughter of a British citizen in conduct described as “grotesque” by a high court judge.’

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The Guardian, 15th October 2015

Source: www.guardian.co.uk

Man wins £39k over IVF baby deceit – BBC News

Posted March 23rd, 2015 in assisted reproduction, child support, children, damages, deceit, news, paternity by sally

‘A woman who conned her former husband into believing he was the father of her IVF baby has been ordered to pay £39,000 in damages at the High Court.’

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BBC News, 20th March 2015

Source: www.bbc.uk

Lecturer sues ex-wife for £100,000 after being told IVF son is not his – Daily Telegraph

Posted March 17th, 2015 in assisted reproduction, compensation, damages, news, paternity by sally

‘The man, who cannot be named, claims he had no idea that his then wife used her ex-boyfriend’s sperm rather than his to father her child.’

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Daily Telegraph, 16th March 2015

Source: www.telegraph.co.uk

Bar Council backs MoJ U-turn on funding for DNA parentage testing – The Bar Council

Posted February 27th, 2015 in DNA, family courts, legal aid, paternity, press releases by tracey

‘The Ministry of Justice’s decision to reinstate funding for DNA tests that determine parentage in family court cases was the right thing to do, says the Bar Council after Justice Minister Simon Hughes announced funds for between £500,000 and £1m a year to pay for tests.’

Full press release

The Bar Council, 23rd February 2015

Source: www.barcouncil.org.uk

In re Z (Children) (DNA Profiles: Disclosure) – WLR Daily

Posted February 20th, 2015 in appeals, care orders, children, disclosure, DNA, enforcement, human rights, law reports, paternity, police, privacy by sally

In re Z (Children) (DNA Profiles: Disclosure) [2015] EWCA Civ 34; [2015] WLR (D) 76

‘On a purposive construction of sections 19 and 22 in Part II of the Police and Criminal Evidence Act 1984, biometric material seized and retained by the police could not be used or disclosed for any purpose other than criminal law enforcement, nor could a court order its disclosure for an unconnected purpose. Such a construction was compatible with the right to respect for a person’s private and family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

Family court judges given power to order DNA tests – BBC News

Posted February 17th, 2015 in DNA, family courts, news, parental responsibility, paternity, pilot schemes by sally

‘Family court judges in England will be able to order DNA tests to determine a child’s parentage from September, Justice Minister Simon Hughes has said.’

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BBC News, 17th February 2015

Source: www.bbc.co.uk

DNA sample taken for criminal purposes may not be used for paternity test – UK Human Rights Blog

Posted February 12th, 2015 in appeals, DNA, human rights, news, paternity by sally

‘The Court of Appeal has ruled that it would not be lawful for DNA originally collected by the police to be used by a local authority for the purposes of a paternity test.’

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UK Human Rights Blog, 11th February 2015

Source: www.ukhumanrightsblog.com

‘Gratuitously rude’ judge reprimanded in CoA ruling – Law Society’s Gazette

Posted February 9th, 2015 in appeals, care orders, children, costs, judges, legal aid, legal representation, news, paternity, professional conduct by sally

‘A family judge was reprimanded by Court of Appeal judges twice in two days and told he should be “embarrassed” by the way he handled a case, it has emerged.’

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Law Society’s Gazette, 6th February 2015

Source: www.lawgazette.co.uk

Met police to pay more than £400,000 to victim of undercover officer – The Guardian

Posted October 24th, 2014 in compensation, demonstrations, inquiries, news, paternity, police, spying by sally

‘The Metropolitan police are to pay more than £400,000 to a woman who has been profoundly traumatised after discovering by chance that the father of her son was an undercover police officer.’

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The Guardian, 23rd October 2014

Source: www.guardian.co.uk

Can DNA profiles at a murder scene be used to establish paternity? – Halsbury’s Law Exchange

Posted July 3rd, 2014 in care orders, DNA, murder, news, paternity by sally

‘Re Z (Children) concerned an application in ongoing care proceedings for the Metropolitan Police to provide copies of DNA profiles held by them. The application was made by the children’s guardian and brought so that the paternity of the children could be determined. This issue arose as although the man alleged to be the children’s father (referred to in the judgment as X) insisted he was so, he refused to consent to DNA testing. X was seeking a role in the children’s lives.’

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Halsbury’s Law Exchange, 3rd July 2014

Source: www.halsburyslawexchange.co.uk

AAA v Associated Newspapers Ltd – WLR Daily

Posted May 23rd, 2013 in appeals, confidentiality, damages, freedom of expression, injunctions, law reports, media, paternity, privacy, public interest by sally

AAA v Associated Newspapers Ltd [2013] EWCA Civ 554; [2013] WLR (D) 189

“Where a judge at first instance had carried out the careful balancing exercise required in respect of an individual’s right of privacy and a publisher’s right of freedom of expression, an appellate court should not intervene unless the judge had erred in principle, or reached a conclusion which was plainly wrong or outside the ambit of conclusions that could reasonably be reached.”

WLR Daily, 20th May 2013

Source: www.iclr.co.uk

Public has right to know Boris Johnson fathered child during affair, court rules – The Guardian

Posted May 21st, 2013 in appeals, injunctions, media, news, paternity, privacy, public interest by sally

“The public has a right to know that Boris Johnson had an extramarital affair with a woman who later gave birth to their daughter, the appeal court has ruled.”

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The Guardian, 21st May 2013

Source: www.guardian.co.uk

Husband tricked into believing wife’s children were his awarded £25,000 damages – Daily Telegraph

Posted January 14th, 2013 in bereavement, damages, deceit, DNA, news, paternity by tracey

“A husband has won £25,000 in damages for ‘bereavement’ after his wife tricked him into believing children whom he raised until they were teenagers were his rather than the products of affairs.”

Full story

Daily Telegraph, 13th January 2013

Source: www.telegraph.co.uk