CHRONOLOGY OF THE COURT PROCEEDINGS
9.At the remote hearing on 8 September 2021 the mother attended and requested a transfer to the Family Court at Manchester. The order stated, inter alia:RELEVANT RECITALS:•AND UPON the respondent mother stating to the Court today that she has already advised the child that the applicant father may not be his biological father and that he would not be seeing him again,•AND UPON the respondent mother stating to the Court today that she is opposed to paternity testing for the child,•AND UPON the Court ordering paternity testing as detailed below and expressing to the respondent mother that she should reconsider her position and seek legal advice if possible,•AND UPON the Court advising the respondent mother that should she fail to comply with the direction for paternity testing, inferences may be drawn as to the child’s paternity in any event,RELEVANT PARTS OF ORDER•6. The testing for paternity shall take place as follows:a. Solicitors for the applicant father shall select an accredited tester and make arrangements for an appropriate sampler to obtain samples from the respondent mother and the child by no later than 16:00 on 29 September 2021.b. The respondent mother must make herself and the child available for samples to be taken as directed by the sampler by no later than 16:00 on 29 September. For the avoidance of doubt, the sample does not need to be collected at the respondent mother’s home address.c. At the time the samples are obtained the respondent mother must provide to the sampler a copy of this order and photo identity.d. The sampler must send the samples to the nominated tester by 16:00 on 6 October 2021.e. The tester must send the written test report to the court and to the parties by 16:00 on 20 October 2021.10.The matter came before me on 15 December 2021 (remotely by MS Teams). The mother did not attend. The father had made an application for a penal notice to be attached to the above order as the mother had failed to comply. She had failed to reply to 11 emails from Alphabiolabs. I made an order on 7 December attaching the requested penal notice and ordered the mother to pay the costs of the application. She was also ordered to attend the next hearing on the 15th December. The mother failed to attend despite acknowledging the hearing link and requesting a remote hearing. On that occasion I made a declaration of paternity in favour of the father, granted him Parental Responsibility and appointed a Child’s Guardian in accordance with R. 16(4) FPR. The matter was listed for review on 19 January 202211.Mother attended the hearing on 19 January 2022. She agreed to Paternity testing and to alcohol testing. Orders were also made for disclosure from […] Local Authority, the police, medical records from each parents GP and for a global psychological assessment of the family. An order was made for the mother to make the child available for contact with the father at the discretion of the Guardian. 12.A review was listed on 18 March when contact was ordered, with the mother present, at a contact centre on a fortnightly basis. There was additionally an order for […] Council to file evidence by way of previous assessments. Thereafter I listed the proceedings for hearing6 May. 13.On 6 May a penal notice was attached to the previous contact order. A Section 37 report by S Council was also ordered by the court to be prepared urgently. This hearing was listed, to consider the experts reports and the S.37 report. Father indicated that he would be filing an application for change of residence of the child.14.Thereafter father filed his application to change the residence of the child, dated 23 June, listed today. No contact has taken place but the first session was due to take place on 2nd July and fortnightly thereafter.
- INTRODUCTION AND THE APPLICATION TODAY
- THE BACKGROUND AND THE FATHERS ORIGINAL APPLICATION
- CHRONOLOGY OF THE COURT PROCEEDINGS
- THE URGENT ISSUE OF INTERIM RESIDENCE
- THE LAW
- ADDITIONAL ANALYSIS
- The Local Authority is incredibly mindful that given the concerns identified in regards to the mother’s behaviour in the psychological report that a slow reintroduction for the child back to his father’s care could potentially be disrupted by the mother due to the negative views she holds of the father.
- CONTACT
- INTERIM ORDER AND DECISION
- Change of Residence
- Order Against the Child’s School
- Prohibited Steps Order
- Change of School
- Change of GP
- Change of Dentist
