Power to Dispense with Service
Welfare of B, who is 17 years of age. B was born biologically female but now identifies as male – the local authority seeks relief under the inherent jurisdiction of the High Court in respect of B, namely a declaration authorising the deprivation of B’s liberty. B’s mother is M. She appears before the court in person. At this hearing the local authority applies for an order permitting it to dispense with service of the proceedings on the father of B. It remains unclear whether the father has parental responsibility for B, he not being named on B’s birth certificate but having been described in previous proceedings as having parental responsibility for B.
Held: Service was dispensed with. The new rules empowered the court to dispense with service of any document which was to be served in proceedings.
Mr Justice MacDonald
[2020] EWHC 2741 (Fam), [2020] WLR(D) 606
Bailii, WLRD
Family Proceedings Rules 1991 4.8(8), Family Proceedings Rules 2010 6.36
England and Wales
Children, Litigation Practice
Updated: 01 November 2021; Ref: scu.655298
