Mother who abandoned baby in court battle to stop father from being told

[Waylon]

Mother who abandoned baby in court battle to stop father being told

A man is unwittingly at the centre of what could prove to be a landmark court case about his right to know he may be a father.

By Martin Beckford, Social Affairs Correspondent
Last Updated: 2:19AM GMT 28 Nov 2008

The man, who cannot be named, lived with a woman who abandoned her newborn baby son at a hospital and who is desperately trying to stop him finding out about the child's existence.

The boy's guardian wants the man to be told that he may be a father, but the baby's mother wants him to remain in the dark.

At London's Civil Appeal Court on Thursday, leading judges ordered an urgent court hearing with the mother present in order to settle the issue, so the boy can be adopted or returned to her.

If a ruling is made in favour of the man, it could set an important legal precedent that men have the right to know they may be a father regardless of the mother's wishes.

However if a judgement goes against him and in favour of the mother, women everywhere could use the case to stop fathers finding out about their children.

The court heard that even though the couple were living together, the woman managed to hide her pregnancy from the man and gave birth at home without him knowing about it.

He remains totally unaware he may be a father after the mother "delivered the baby to a local hospital and made it plain she did not seek to care for the child", it was said.

Social workers from Gateshead Metropolitan Borough Council in the north east are now involved in the row over whether the man should be told about the baby.

Although a court-appointed guardian wants to tell the man about the baby, his mother is adamant that he should not find out.

Lord Justice Thorpe has now ordered an urgent court hearing about the issue, which he said should take place in Newcastle "with maximum expedition" so it can be decided once and for all whether the boy should be adopted or returned to his natural mother.

Justin Gray, a barrister representing the baby boy, told the judges that any further delay in deciding the infant's future could be "disastrous" to any potential adoption placement.

He claimed the baby's mother had refused to take part in the court process and despite "great efforts" made by her solicitors, she had failed to give them any instructions.

Lord Justice Thorpe, sitting with Lord Justice Richards and Lord Justice Rix, said the mother was "obviously a very anxious woman who feels herself under great pressure" and warned that problems would arise if she "makes herself scarce" from the court process.

The judge therefore took the unusual step of ordering her to attend the hearing of the case in Newcastle, as well as the disclosure of her medical records to the court.

Directing an emergency hearing of the case, Lord Justice Thorpe concluded: "This is urgent business and must be settled as soon as possible.

"This case deserved the maximum expedition because, until the issue in relation to the boy's father is resolved, the boy's future – either return to his family or adoption – cannot be settled."

The critical hearing will probably take place in front of a High Court but no date has been set for it.

http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/3532084/Mother-who-abandoned-baby-in-court-battle-to-stop-father-being-told.html (http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/3532084/Mother-who-abandoned-baby-in-court-battle-to-stop-father-being-told.html)

[tigger]

Father should be told, baby should NOT be returned to mother regardless of father's reaction.