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?

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Gemma Kemp, Legal Executive, Family Law

Family breakdown on the increase

A report has been published highlighting the increase in the breakdown of the relationships of cohabiting couples with children.

The report states that half of all children born today will see their parents separate before they reach the age of 16 and that unmarried couples account for 59% of family break ups. There are suggestions that couples should be encouraged to marry, thus strengthening the commitment to the relationship and reducing the likelihood of a family breakdown, which in turn would affect the children of such a relationship.

At Hart Brown, we deal with the many issues that can arise concerning children following the breakdown of a relationship and often, such issues can be distressing to all those concerned.
Should more couples be encouraged to marry in order to try to reduce the level of family breakdowns? Let us know what you think.

Article:-
http://www.dailymail.co.uk/news/article-1336318/Half-children-parents-split-reach-age-16.html

Anne Thomas, Legal Executive, Family Department, Hart Brown

Judge says that children are damaged by divorcing parents

This morning on the BBC Breakfast News, comments made in a speech by a senior family judge, Sir Nicholas Wall were discussed.

The speech was made to the charity Families Need Fathers. In the speech, he said that parents “do not realise the damage they do to their children” and that a child’s self worth can be “irredeemably damaged” if one parent makes it clear to the child that their other parent is worthless. He also said that parents find it hard to understand that even though they have separated from their spouse, their children will still love and be loyal to both of them.

Discussing the matter this morning, Liz Edwards from Resolution said that parents don’t have enough information on how to manage their relationship with an ex-spouse going forward. Craig Pickering from Families Need Fathers advised for parents to seek help on separation.

As commented by Liz Edwards, parents should consider what they want to achieve and then consider what the effect will be on the children. Perhaps easier said than done for separating spouses when emotions are raw? However, with the support of an understanding lawyer, this can be much more achievable than one might think.

At Hart Brown, our lawyers are Resolution (which was formerly known as the Solicitors Family Law Association) accredited and we understand that separation can be a difficult time for both parents and children. We will work with you to find practical solutions and to help minimise the negative impact on children.

Link to BBC article: http://www.bbc.co.uk/news/education-11380470

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