Court of Appeal
Published August 6, 2007
In re F (Children) (Declaration of paternity)

The family justice system was entitled to take responsibility for deciding whether a child should be told of his paternity, in the event of adult dispute.

The Court of Appeal (Lord Justice Thorpe, Lord Justice Lloyd and Lord Justice Toulson) so held on July 25, 2007 in refusing the appeal of the mother against Judge Meston, QC, who held, at Bournemouth County Court on June 8, 2007, that the court could order that a child should or should not be told about his true paternity.

LORD JUSTICE THORPE said that the doubt in the present case arose out of the Court of Appeal decision in J v C ( The Times June 1, 2006; [2007] Fam 1). There, Lord Justice Wall said (at paragraph 41) that the way in which children were to be informed about their origins was not ultimately justiciable by way of orders under section 8 of the Children Act 1989.

That comment had to be seen in the context of the preliminary issues in that case which was whether the applicant needed leave to bring the proceedings and if so, whether leave should be given.

The family justice system, in the course of its protective function, was entitled to take the responsibility for deciding whether a child should or should not be told of his paternity, in the event of adult dispute.

Sometimes it was appropriate to exercise discretion so that the child did not find out his true paternity and sometimes it was appropriate to tell the truth.

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