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 the petitioner without being properly checked by the solicitors) as
