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

Parents to share parental leave

Is it really patronising to allow a mother to have time off with her new born child? She has carried the child and is biologically ready to nurse and care for her babies needs. Undoubtedly the father, or partner of either sex, wants to be involved in bringing up the new addition to the family and it is in the babies best interests to have the care and attention of both parents.

Will there be career implications for either parent who choose to take large blocks of time out to be with the baby, and perhaps only return to work part time thereafter? Employers may find it difficult to obtain cover for either parent who is out of the work place for 6 months to a year. Flexible working can be difficult to accommodate, and how will small employers cope with ever increasing numbers of their work force requesting flexible working? Mothers, fathers, grandparents, and ‘close family friends’, will be able to make these applications?

It is usually obvious when a woman becomes pregnant, or in the later stages of pregnancy, and an employer can anticipate 12 months maternity leave. How will an employer deal with the partner, who unexpectedly announces pending paternity and the ‘requirement’ to take a lengthy period of leave?

From April 2011 the entitlement to take additional paternity leave gives the mother’s partner the opportunity to use any remaining portion of her optional 52 weeks maternity leave. Good employers will want to be seen to be flexible and accommodating, but how much notice will they really have? The regulations require a partner to give 8 weeks notice! It is not just a matter of employers finding staff to cover employees on leave, they also have to continue to provide all contractual benefits to those on leave other than wages. There will also be continuing uncertainty over whether either the mother or her partner, will return to work full time, or at all, at the end of the maternity or paternity leave. And what about the financial implications for the new parents? Currently the mother is entitled to 6 weeks at 90% of her salary and the father to a maximum of £128.73 (or 90% of salary if lower) for the first 2 weeks only. After that the father is not entitled to any statutory payment and the mother to the rate of £128.73 (or 90% of salary if lower) for the remaining 33 weeks of the 39 week period. Many employers contractually provide enhanced maternity payments, but will this be extended to cover long periods of paternity leave?

Read the original article here
Read about the author of this article, Liz Whitehead

Find out more about Hart Brown can help with employment issues