A petition pleads a child as a non-child of the family but in his acknowledgement of service...
A petition pleads a child as a non-child of the family but in his acknowledgement of service the respondent contends that the child is a child of the family. No answer is filed. Can the case proceed in the special procedure list on the basis that the child is not a child of the family?
No. The issue has wide implications and would need to be determined before certification of entitlement to a decree under the special procedure. Almost certainly, the district judge would list a directions hearing on the issue which the parties would be required to attend. Confusion by the parties or one of them often arises because of ignorance of the fact that a child is of the family if treated as such although one of the parties is not a biological parent. Problems also commonly arise where there is an inconsistency between the petition (drafted by solicitors) and the statement of arrangements (completed by
