The impact of delay
The impact of delay
As I have already noted, it is regrettable that there have been delays to date in making these applications and Y is now 1 year old. Given the importance of the issues at stake, delay cannot be a predominant factor, but I am satisfied that it does play a role in this case. If further steps were to have to be taken either to try and identify the father (and it is to be noted that it is not clear what those steps might be) or to locate and assess the extended family in South Africa that will inevitably lead to delays and uncertainty without the permanency that X and Y might otherwise have. As Mr Liebrecht submitted the steps involving the extended family in South Africa could become protracted and could lead to very substantial delays. I am satisfied that the impact of delay is therefore something I should take into account in his case.
- Heading
- Ms Kate Grange KC sitting as a Deputy Judge of the High Court
- Background
- The mother’s evidence
- The positions of the parties
- Legal principles to be applied
- Application
- Parental responsibility
- Article 8 rights
- The substance of the relationships
- The likelihood of a family placement being a realistic alternative to adoption
- The physical, psychological or social impact on the mother or on others of notification being given
- The availability and durability of the confidential information
- The impact of delay
- Conclusions
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