News: Prime Minister promises action on military compensation row
Prime Minister David Cameron has promised swift action in response to reports that the Ministry of Defence (MOD) has refused compensation to the baby daughter of a soldier killed in Afghanistan earlier this year.
“We have to move quickly and get this sorted,” said the Prime Minister. ‘This is an absolutely dreadful situation and it cannot be allowed to continue.’
Private Daniel Wade of 3rd Battalion, the Yorkshire Regiment, was killed on 6 March week after his arrival in the country, alongside five other soldiers Their armoured vehicle struck an improvised explosive device close to Lashkar Gah in Helmand Provice. He was 20.
In June Private Wade’s fiancée Emma Hickman, 19, gave birth to a daughter, Lexie-Mai. But the MOD has refused to pay the compensation normally given to the relatives of soldiers killed in action as there was no official proof that Private Wade was the father of Ms Hickman’s baby.
She said: “Daniel never got to meet Lexie-Mai and sadly he won’t experience the joy of watching her grow up. It has been a long, hard journey to recognise Daniel as Lexie’s father…All I’ve ever asked is for the MOD to co-operate with me so that Lexie can grow up proud of her dad. That is what Daniel would have wanted.”
As the father is dead, the mother will need to seek a legal ‘declaration of parentage’, making an application on behalf of the child under section 55A of the Family Law Act 1986. If successful the birth certificate will be amended by the Registrar. The court can make an order for DNA testing to seek clarity on the situation.
Share this post
Get free family law updates
Marilyn Stowe’s new book: expert advice on all aspects of divorce, for just 99p!
Divorce & Splitting Up by Marilyn Stowe is the essential how-to book for anyone who is getting divorced or splitting up from a partner. Read more >>
"A must buy that really opens your eyes to what is involved if you are considering or going through a divorce." - Amanda Brown
"This will answer your questions in a way that non-lawyers can understand." - Miss P.
"This really has helped me to see that there is light at the end of the tunnel and I will come out of it a stronger person." - J
Marilyn Stowe on ITV Daybreak & ITV This Morning
Marilyn’s Thought For The Day
Sometimes I wonder if men and women really suit each other. Perhaps they should live next door and just visit now and then.
- Marilyn Stowe on Child maintenance rises loom for non-resident parents
- Kev Hunt on Child maintenance rises loom for non-resident parents
- Dave Smith on Department for Work and Pensions ‘misleading’ on child support
- troy on Post-divorce parenting arrangements increasingly diverse
- troy on Australian Prime Minister declines to support gay marriage
Subscribe & Follow
Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 30 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK. In 2012, Marilyn became one of the first solicitors to qualify as a family law arbitrator.
All persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients. All advice and information on this blog including posts written by guest authors, is given only as a general guide to the operation of the law on the date of publication. Readers must place no reliance whatsoever on the content of this blog and must always obtain their own legal advice. Marilyn Stowe, Stowe Family Law LLP and guest authors accept no liability whatsoever arising as a result of reliance upon its content.
Contact Stowe Family Law
These downloads accompany Marilyn Stowe's latest book: Divorce & Splitting Up: Advice From a Top Divorce Lawyer. After opening, right click to save to your computer.
For more free downloads, visit the Downloads section.