That is the question on Kylie Platt’s mind at the moment. Will it be her husband David or his brother, Nick? You can be sure that the emotional impact on Coronation Street will be huge but what are the family law implications?
The first question which must be answered is that of biological paternity. There are a number of providers who offer “at home” tests. These can be undertaken on a voluntary basis although cannot be used as evidence in any court proceedings unless the court agrees.
The court also has the power to order paternity testing. There are, of course, human rights issues with regard to forcing a person to undergo a medical procedure but where, for example, a mother asserts one party is the father and he refuses the paternity test inferences may be drawn against him.
The biological father will automatically have certain rights and will be entitled to apply for orders of the family court in relation to the child.
The position of the other party will largely depend on when the issue of paternity is raised. For example, if Kylie were to allow David to bring up the child as his own within their marriage then should it be established later that Nick is the father David would still be automatically entitled to apply for an order that he be allowed to see the child and/ or that the child reside with him.
All applications with regard to children will be decided by a court based on the best interests of the child. James Maguire & Co is a specialist firm of Family Law and Divorce Law solicitors based in Wilmslow, Cheshire. We offer legal advice to parties going through a divorce including the financial issues which flow from this and children matters including child maintenance.
We can also advise on Schedule1 Children Act 1989 applications.
We advise clients in the Wilmslow area and also to the surrounding areas of Alderley Edge, Bramhall, Hale, Altrincham, Manchester and the North West. We are also able to act for clients nationally and internationally subject to the jurisdiction of England and Wales. For advice please contact James Maguire by telephone +44 (0) 1625 529456 or by email james.maguire@family-law.