MS v RS and BT (Paternity) [2020] – Family Law Week case summary

May 12, 2020

Application by a father for a declaration of non-paternity and latterly, for a declaration that BT, the putative father, was the father of AS and BS pursuant to section s 55A of the Family Law Act 1986

Aside from authoring 4 versions of the Remote Access Family Court, MacDonald J has delivered a lengthy judgment in what was described as a ‘minefield‘ [both evidentially and legally], responsibility for which lay ‘entirely‘ at the door of the adults in the case. The application was made by MS, the registered father of 2 children AS, and BS, both now teenagers, for a declaration that he was not their father, a case which evolved during the hearing into an application for a further declaration that BT, the putative father of AS and BS, was their father. Both the mother’s and BT’s cases evolved during the hearing to the point where both left open the possibility that BT was their father.

Read the full summary on Family Law Week.