Blood counts but is not a trump card

David Blythin, instructed by Faye Coaker of Griffiths & Hughes Parry Solicitors, successfully represented a man and his mother, who applied to care for a young girl following the death of her mother. They had extensive involvement in caring for the child throughout her life, despite not being her blood relations. Their application was opposed by the natural father, who had minimal involvement with his daughter, and had emigrated some years previously.

The father wanted his daughter to emigrate to live with him and his wife, and he was supported by the CAFCASS Officer. David Blythin referred the Court to the Supreme Court authority of Re B (a child) [2009] UKSC 5, which reiterated and clarified the relevant law, namely that biology was but one of the factors that had to be assessed, and that all consideration of the importance of parenthood in disputes concerning residence had to be firmly rooted in an examination of what was in the child’s best interests. Having considered all the evidence, the learned Judge made a Residence Order in favour of David Blythin’s clients.