Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

12 OCT 2005

CONTACT/FAMILY PROCEEDINGS: Re P (Non-Disclosure of HIV Status) [2006] 2 FLR 50

(Family Division; Bodey J; 12 October 2005)

The mother sought a review of the order which defined her contact with the children. During the preliminary stages the CAFCASS officer became aware that the mother was HIV-positive. Although the officer did not refer to the mother's health in the report prepared for the court, the mother was concerned that the issue might arise, and applied ex parte for a direction that her positive HIV status need not be disclosed to the father. The Family Proceedings Court had directed the mother to disclose the fact of her HIV status to the father, on the ground that openness was essential. Bodey J held this was one of the rare cases where an ex parte application was appropriate and that, exceptionally, notice of the application to withhold the information concerned need not be given to the father's solicitors. Disclosure of the mother's HIV status was neither necessary nor appropriate, given the very limited issue that existed between the parties. It was very personal information going to no live issue and was not relevant to the case. Nothing suggested that the welfare of the children would be improved or maintained by disclosure and much suggested that disclosure might be detrimental to their relationship with their mother.

Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online
Red Book Plus

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

Subscribe to our newsletters