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In re F (children) (declaration of paternity) CA TLR 6 August

The family justice system, in the course of its protective function, is entitled to take the responsibility for deciding whether a child should or should not be told of his paternity, in the event of an 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. Doubt had arisen in the present case because of the observation of Wall LJ in J v C ( The Times, 1 June 2006) that the way in which children were to be informed about their origins was not ultimately justiciable by way of orders under s8 of the Children Act 1989. That comment has to be seen in the context of the preliminary issues in that case, which were whether the applicant needed leave to bring the proceedings and, if so, whether leave should be given.