Paternity
32.There remained an issue about paternity. While F emphasised to me that he would still seek contact regardless of whether tests showed him not to be H’s father, he still expressed doubts about whether H was his child. Given there was sufficient time before the listed final hearing, I directed with the agreement of the other parties that there should be paternity tests.33.To the consternation of M and the disappointment of F, the first test results showed that F was not the father. F accepted the result, stressing that he still wanted to be involved in H’s life and to spend time with her. He told me he would no longer actively oppose H travelling to The Gambia but leave it to the professionals and the court. He was reluctant to attend every day of the hearing because of his work commitments and because he was only seeking an order to spend time with H.34.M did not accept the result. In a written statement she wrote “I do not accept these results as F is the only person whom I have had a sexual relationship with, and therefore he is H’s biological father… I would like to reiterate to the Court and parties that I did not have a sexual relationship with any other person other than F at the time of H’s conception. F is H’s biological father.”35.She applied for a second test and for further samples to be taken. As there would be no risk to the timetabling of the final hearing, I acceded to her application. I am extremely grateful to F for agreeing, despite his initial misgivings, to provide a further DNA sample. In the week before the final hearing the second test results confirmed that F was not H’s father.36.On the last working day before the final hearing, M’s solicitor sent me a further witness statement, without formally filing it with the court and without serving it on H’s guardian or F. I have read that statement. It provides an explanation for H’s conception consistent with the results of both paternity tests. 37.M also applied for a direction pursuant to FPR11.7(2) which provides“the court may direct the withholding of any submissions made, or any evidence adduced, for or at any hearing in proceedings to which this Part applies:(a)In order to protect the person who is the subject of the proceedings’ or (b)For any other good reason.”38.I was invited to consider that application immediately prior to the commencement of this hearing, without informing either F or the children’s guardian.