Tuesday, September 9th, 2008
A man has been a granted parental responsibility for a six-year-old boy even though he is not the biological father and in spite of strong opposition from the mother.
The man, referred to in court as Mr A, began a relationship with the mother in 2002 and the boy was born later that year. He thought the child was his own and brought him up as such. The couple’s relationship broke down in 2004 and Mr A began proceedings for parental responsibility, residence and contact.
During the proceedings, DNA tests proved that Mr A was not the biological father. The biological father was a man referred to in court as Mr C, whose relationship with the mother was just ending when she began her relationship with Mr A. The court was told that Mr C did not want to play a significant role in the boy’s life.
Mr A still continued with his application which was contested by the mother and resulted in court proceedings lasting more than four years. The mother contended that that he was a dominating and controlling personality who was used to getting his own way. She felt overwhelmed by him. However, the Recorder who presided over the case found that she too could be determined and controlling in her desire to marginalise Mr A’s role in her son’s life.
In spite of their differences, it was never an issue between them that the boy loved both of them and was loved by both of them.
The Recorder acknowledged that Mr A was the only father figure the boy had ever known and that a continuing relationship between them was in the child’s interest. He ordered that there should be a joint residence order which effectively provided Mr A with the parental responsibility he wanted. However, the mother was to remain the primary carer with the boy spending most of his time with her.
That ruling has now been upheld by the Court of Appeal.
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