Monday 21 March 2011

Court of Appeal decides that a mother cannot keep mum about the birth of her baby

A mother who sought to keep the birth of her baby boy a secret from her husband has been told by judges that the court will not back her “great lie”, according to an article in the Telegraph.

The husband and wife, who originate from Afganistan, are still married and the court observed that a “full family life exists”. The wife gave birth to the baby boy last year without her husband knowing about the birth or her pregnancy, as she was concerned about how he might react to the news that he was a father. Her plan was to have the child adopted before her husband had the chance to find out.

According to the mother, the father is “unpredictable and volatile”. He is apparently extremely traumatised by what he witnessed in war torn Afganistan. In particular, the murder of his sister by the Taliban. The mother told the court that her husband has “psychotic symptoms” and that she was concerned that if he found out he was a father, this would have an adverse effect on his mental health.

When looking at issues involving children, the court considers the welfare of the child to be of utmost importance. Any decision made must be in the child’s best interests. There are also human right issues involved in this case. In previous cases, the court has made it clear that a child has the right to know who its parents are. Likewise, a father has a right to know that he is in fact a father.

In the absence of medical evidence to support her case, the mother’s concerns were “pure supposition” and her appeal was dismissed. The court found that the father should be fully informed of his son’s birth.


Do you think there are any circumstances which may justify a parent not being informed about the existence of their child?

read more here

Gemma Kemp, Legal Executive, Family Law

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