The Royal Court has ruled that the man took on the responsibilities of a biological father, including financial support, when he entered into a ‘formal acknowledgement of paternity’ in a Latvian Court while he was in a relationship with the woman.
Neither the father nor the mother have been identified.
Advocate Jamie Orchard of Viberts law firm, who represented the mother, said that one of the key factors in the court’s decision was Jersey’s legal system respecting the rulings of another ‘competent’ jurisdiction.
He said: ‘Under private international law, a matter that has been litigated in another jurisdiction should not be capable of being re-litigated in Jersey, providing it satisfies a number of criteria.
‘One of those criteria gave us the leverage needed for our client – namely that the judgments of a court of competent jurisdiction are final and conclusive.’
He added that Jersey ‘showing solidarity’ with the rulings of other competent jurisdictions was important for the Island’s reputation and integrity, especially as an international finance centre.
He also said, however, that the circumstances of the case were ‘highly unusual’ and it should not cause ‘undue concern’ for other unmarried, non-biological fathers in Jersey.
