Case No. ZC22P00521
Family Court

Case No. ZC22P00521

Fecha: 28-Oct-2022

Timing of the application

26.S 54 (3) requires the application to be made within six months of the child’s birth. The application in this case was issued three years after G’s birth. In their statements the applicants describe that they only recently became aware of the need for a parental order when they sought legal advice. Once they became aware of the need to make an application it was promptly made. For the reasons set out by Sir James Munby in Re X (A child)(Parental Order: Time Limit) [2014] EWHC 3135 it is possible for the court to consider applications made after the six month limit. In this case there will be no prejudice to any third party if the application is permitted to proceed. If it isn’t permitted there will be significant prejudice to G and the applicants, as they would be denied the opportunity to secure an order that has a fundamental impact on the child’s identity, namely who he is and who his parents are. There is no suggestion in this case of any abuse of public policy and there was no untoward delay once the applicants became aware such an application was required.27.The application should be permitted to proceed.