High Court Ruling In Unusual Family Dispute Concerning The Existence Of Children

A High Court Judge has been asked to rule if twins exist in a case brought by a father requesting contact with his children. The High Court Judge has determined that there is “some evidence” suggesting the birth of at least one child in a complex family dispute between a separated couple.

The case involved an ex-husband who claimed that his wife was pregnant at the time of their separation and had given birth to twin boys, who would now be three years old. He expressed his desire to have contact with them.

The wife denied these claims, stating she had never been pregnant and accusing her ex-husband of “coercive and controlling behaviour.” No births were registered, and medical records did not support the ex-husband’s claims. However, the Court received other evidence indicating the possible existence of a child or children.

Case background

The couple, who married in 2019 and separated in 2020, have been embroiled in this dispute for over three years. The ex-husband alleged the twins were born in February 2021. During the hearing at the Royal Courts of Justice, both parties, representing themselves without legal representation, presented their cases and questioned witnesses.

One witness, a psychotherapist, claimed the ex-wife visited her home in February with a toddler who called her “Mummy.” The ex-wife denied this, asserting that her ex-husband’s actions were intended to harm her through coercive control.

The Court had previously heard from other witnesses, including the ex-wife’s GP, who confirmed there were no records of a pregnancy. The General Register Office also found no birth registrations for the couple between October 2020 and March 2021. Despite this, some acquaintances of the couple testified about discussions regarding the babies.

Judgment

Lady Emma Arbuthnot described the case as “perplexing” and “unusual” and noted the Family Court’s limitations in thoroughly investigating such matters. Another hearing will be scheduled “in due course” to decide the next steps.

Lady Arbuthnot noted that recordings of conversations presented in Court “sounded authentic.” In one call, an old friend of the ex-wife told her ex-husband that the children were with their uncle, stating, “I will be 100% honest with you.”

The ex-wife admitted to telling her ex-husband she was pregnant, sending him forged scans, and discussing childbirth, but she claimed these were lies. Lady Arbuthnot concluded there was “strong evidence” of pregnancy and “some evidence” of at least one child’s birth, though many questions remained unanswered. The Judge accepted that the man ‘had been abusive’ to the woman, but that ‘the extent of the abuse was hard to determine’.

Lady Arbuthnot highlighted the challenges of fact-finding without legal representation for the couple and noted that the Family Court cannot act as an investigator. She acknowledged that some evidence might have led to different conclusions.

Comment

This case highlights the difficulties the Family Courts face in distinguishing reality from fiction, emphasising the importance of publishing such judgments to illustrate the complexities involved. It also stresses the importance of obtaining legal representation during proceedings.