FD24P00634 - [2025] EWHC 900 (Fam)

In this case there is no suggestion that the mother’s evidence is unreliable. She has given a consistent account of the events which led to these applications being made and it has not been suggested by any party that there are any doubts about the veracity of her evidence. Consistent with the guidance in A, B & C a full account was sought from her about the identity of the father, the nature of their relationship and the circumstances in which Y was conceived, together with information about her wider family in South Africa. I have examined her account critically in accordance with the principles set out above. Her account is consistent with what she previously told the local authority and what she said to the Guardian. It follows that this was not a case (unlike the case of Re L heard by Munby J and discussed above) in which there were doubts about the mother’s evidence and the extent to which she was being forthcoming. But, even if that had been the case, I note the limits of what is considered appropriate in these types of cases. As Jackson LJ stated at paragraph 89.6(7) of A, B & C the mother may face persuasion, if that is thought appropriate, but she cannot be coerced.

I turn to apply the factors identified in A, B & C which are relevant to the decision I have to make.