Russell-Cooke represents children in complex Family Court maternity and care proceedings
Russell-Cooke acted for the children, through their guardian, in Re X & Y (Children) (Dispute as to Maternity) [2025] EWFC 475 (B), in care proceedings before the West London Family Court.
The local authority sought final care orders for two children together with a plan for long-term foster care, alongside a declaration of non parentage against their mother. The case raised complex factual and welfare issues, including disputed maternity, alleged neglect, inconsistent accounts from the mother, and concerns about the children’s welfare arising from a transient lifestyle, lack of education, and limited engagement with professionals.
His Honour Judge Willans declined to make a declaration of non-parentage, finding the local authority had not proved its case on that issue, although he noted lingering doubt and urged the mother to engage with DNA testing to provide certainty for the children. The court did, however, find the statutory threshold for intervention was met and made final care orders with a plan for long-term foster care, concluding that returning the children to the mother would expose them to a risk of significant harm.
This was an exceptionally sensitive and complex case. This is the first time that we have been involved in a case where such a declaration is sought in relation to the mother of the children.
About Amy
Amy Chapman is in the family and children law team. She specialises in family law and is particularly experienced in representing parents, children and other family members in both private and public law proceedings.
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