Published 16 February 2021
Declaration as to paternity — paternity order — presumption of parenthood — statutory time limit — discontinuance — Family Proceedings Act 1980, ss 47 & 49 — Status of Children Act 1969, s 5. This was an application for a paternity order by the applicant mother pursuant to s 47 of the Family Proceedings Act. The parties had been married 22 years and had three children together, including the youngest child who was at the centre of the application. The respondent was not listed on the birth certificate as the youngest child's father. In considering the application, the Judge noted that an application under s 47 is time-barred by s 49 where applications are normally required to be made before the child turns six years old. However, the Judge also noted that, pursuant to s 5 of the Status of Children Act, there is a presumption of parenthood where the parties are married. A paternity order was therefore unnecessary. A discontinuance of the s 47 application was granted, and the Judge noted that the applicant would be able to register the respondent as the child's father in reliance on s 5. Judgment Date: 5 August 2020. * * * Note: names have been changed to comply with legal requirements. * * *
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