About the Family Law Week blog

The Family Law Week Blog is a companion site to Family Law Week. It complements the news, cases and articles published on Family Law Week with additional comment and coverage of the wider aspects of family law.

The Blog is edited by Jacqui Gilliatt, of 4 Brick Court and Lucy Reed, of St Johns Chambers.

Thursday, 22 January 2009

Paternity fraud case stopped in its tracks

The Court of Appeal has refused him permission to a man appeal against a Bournemouth County Court judge's dismissal of his damages claim. Mr Webb was claiming damages in relation to a child who he had raised to adulthood as his own when she was not his biological daughter as he claimed his wife well knew.

Lord Justice Thorpe said the case involved 'interesting socio-legal arguments' but would 'visit upon the litigants huge burdens, both financial and emotional, which are disproportionate to any prospects of success'.

See the Mirror .

10 comments:

TC said...

This is precisely what is wrong with the judicial system...judges stopping cases coming to appeal...surely the gentleman has every right ("right to justice") to pursue his ex/estranged for fraud in such a horrendous case. If he wins, why shouldn't his ex/estranged be made to pay !!!

Jean Tucker said...

I thoroughly agree with the Judge's decision here and I believe in time, when the heat and emotion has gone out of the situation, the gentleman will thank the Judge for saving him his time, money and emotional stress

lautar4justice said...

Jean Tucker, it appears you have not lived through this nightmare or you would not side with the injustice this man has suffered. This man has every right to go after justice. He was lied to and now told he has no right to justice! She knew all along induced him into paying for a child that was not his! With holding of information is a lie and he was living under her lies and she should have to pay, PERIOD! Let me tell you from first hand experience, the heat and emotion do no go away!

Manuel said...

besides the heat and emotion NOT going away, they actually become more pronounced when your own true biologically children have to suffer shortages and loose their home because most states have no recourse for correcting the issue, even after DNA genetic evidence reveals the truth. A judge's position is, "you will remain the LEGAL father". So no Jean Tucker, the "heat and emotion" will never go away.

Anonymous said...

I am not aware that anyone has actually lost their home or had other children who have suffered in a case such as this
But if you know of such I would be interested to hear of it.

Anonymous said...

Child Support involves wage garnishments, tax refund and property seizures and loss of professional licenses to force compliance. Indeed you are naive to think out of the tens of thousands of people dealing with paternity fraud (which includes spouses and legit children) that not only have people lost their homes, but there are cases where people have lost their lives. Heart attacks, ex's fighting (stabbing and shooting) and a grand amount of suicides.

Anonymous said...

I have to weigh in and say that this has been the most significant emotional event in my life. My daughter is 20 and I just found out. I want justice, and I want her to suffer. Anyone that agrees with the majority of the court rulings is not in the right forum. How would you like to make all the car payments on a stolen vehicle, and as you hand over the last payment, the keys get taken away? The anguish that comes with this news is horrifying. For a 20 yr old, it is devastating. There was nothing I could do to stop the news from getting to her. For those of you that feel this is justified, tell me what I say to her now. HOW do I relate to my (future) ex spouse? What happens when friends and family find out? You are NEVER respected the same as before. NEVER. You are stripped of dignity, and you never get this back. Let me know what your dignity is worth. Let me know what you say to everyone in your life after this is out of the bag. "turn the other cheek?" I DONT THINK SO.

Laws need to change so women can no longer hide from moral behavior. My (future) exwife has ruined two lives, and lied for more than 20 years to both of us. Payment is overdue !!!!!!!!!!!!!!!!

Anonymous said...

I habe been through this myself, and its not fun. No judge should be able to cancel this. Thankfully i found out when he was 6 years old and i was paying maintenance for 18 months before i thought i would try the test as it was cheap!, there were no prior doubts either its just a friend recently did it. Glad i did, the house was still in my name so i signed the lot over to my brother and now im divorcing the bitch!...

Anonymous said...

The problem with our legal system is that it has a default setting that favours women. I am the victim of this same deception. Upon finding out my ex-wife filed an injunction against me with made up (false) evidence which the court believed, even though there was no proof. At the return hearing the judge refused to read my affidafit (too busy). I've paid for a child that wasn't mine for over 10yrs incuding private school fees - a child that I still care about but I have no legal right to see. If I defrauded any company of £50,000 like she has done to me, I would be in prison. The question is... why does our legal system give permission to women to do this?

Anonymous said...

Paternity fraud -is no different to any other fraud-and should be treated as such !!
My husband was duped 33 years ago into believing a child was his-whilst the real father knew all along-and remained in constant contact with the mother and child.
Through an anoymous tip off the child (woman)had a DNA test-and the truth is now out !!
My husband's ex admitted that she had known all along that the child wasn't his.........how do you think this makes him feel ??
Not only have we paid out vast amounts of money on maintenance...Uni fees..trips up and down the country-this child has to come to terms that her mother lied to her.
I would like to see a custodial sentence bestowed on such cruel and let's face it-evil women !!!