following a decision made in Re X (A
Child) [2014] EWHC 3135 (Fam) it now
seems that the time limit of six months is
no longer absolutely enforced.
This case confirmed that when an
application is made the court must have
regard to the impact on the identity of
the child and who s/he believes his/her
parents to be. As important as it is for
the parents to be known as parents, it
will be considered even more important
for the child to establish an identity
and know who his/her parents are. The
consequences for making a parental
order are life long for a child and so it
is essential that an application is dealt
with properly but in the best interests
of the child. If this means allowing an
application out of time then so be it.
This case highlighted the fact that
Parliament could not have intended
that there should be a forever bar if the
‘would be’ parents apply a little late. This
case suggests the Courts paramount
consideration are the needs of the child
(as with most applications) and how
any decisions they may make could
have an impact on their entire future. In
my view, this is absolutely the correct
approach. Applicants should be able
to bring applications at any time, if it is
going to benefit and enhance the rest of
a child’s life. The question, of course is,
how long is ‘a little late’. I think this will
be determined on a case by case basis
as each case will have different reasons
for delay. Whilst it seems applications
can still be made out of time, it is
absolutely essential that there should
be good reason for doing so. Simply
claiming you were not aware of the bar
on applications will not do.
Applicants need to be proactive and
issue their applications before the six
month time limit or immediately after
if they want to ensure their application
will be successful. Any omissions with
the application process could render
an application out of time and so it is
absolutely essential applications are well
prepared and properly executed.
By Miranda Jenkins
as important as it is for the parents to be
known as parents, it will be considered even
more important for the child to establish an
identity and know who his/her parents are
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