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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hello What are the chances of court denying application for

Customer Question

Hello
What are the chances of court denying application for paternity test when the children in question have a father who is on their birth certificates and is married to the mother. Can a paternity test request by a 3rd party be rejected on the grounds that it may do more harm to the children (very young) than good?
Thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question I shall do my best to assist you.
I am afraid that if a third party can show that there is a reasonable chance that he is the father of a child then the Court will indeed order a DNA test,
If the children are young it make sit all the more likely that it will be ordered since they would have no understanding of the implications of what was happening
I hope that this is of assistance please ask if you need further information
Claire
Customer: replied 3 years ago.

this is not quite what i mean,. the children are 4 and 6 and have a very good understanding of their life, they have a loving caring father whos been with them all their lives and i do not undertand how someone else coult be allowed to take that away from them and how could anyone think the father they adore can go and some stranger should suddenly now start seeing them? surely thats absurd? what happens if i reject the request for the test? i dont want to ruin my childrens happy lives

Expert:  Clare replied 3 years ago.
Hi
There is no question of their father being taken away from them or them from him (unless of course he does not currently know the truth and will reject them if he does)
Seeing their biological father once a month or so is not likely to disrupt the secure home life they so clearly have with you.
If you refuse the test then this person will apply for a Court Order - and refusing that could potentially lead to imprisonment
Claire
Customer: replied 3 years ago.

Thank you. How long could it potentially take from the day when the 3rd person files his application to when i receive a letter from his solicitor and to when the test has to take place and to the first hearing. I would like to have a rough idead as to how long it'd be between each step. Also if i reject the test how long would it be to the court order? Do i get an opportunity to reject the est at the first hearing or does that happen prior to the hearing?


Thank you

Expert:  Clare replied 3 years ago.
Hi
Once the Court Application is issued then the first hearing will be four to six weeks after that.
How long there is between the solicitor writing to you and the court proceedings being issued depends on how serious the 3rd Party is.
You can refuse at the first hearing at which point the Order will be made.
You need to be aware that depending on the application that is made your refusal could lead to the court declaring that the applicant is indeed the father of the children and the birth certificates being amended accordingly
Claire
Customer: replied 3 years ago.

What if the hearing day is on the day when i work? i generally am either at work or with the children. Also what if i'm away (out of the counrty) for when the hearing is scheduled?

 

I have just found this which seems to contradict your answer regarding the court assuming 3rd party being the father in case i refuse the test to start with:

 

Until officially declared otherwise, a man is deemed to be a child’s legal father if he is married to the mother at the time of the child’s birth, or if his name is XXXXX XXXXX the child’s birth certificate.


From the above it sounds like my husband will officially stay their father until the test proves otherwise. Which is correct please?

 

Also from when the test is ordered by the court until the test takes place how long does it take please?

 

Thank you

Expert:  Clare replied 3 years ago.
Hi
I am afraid that you will be expected to take time off work to attend court.
If you are on holiday then you will have to ask for an adjournment
If a DNA test is Ordered and you refuse then the Court can simply Declare that this other person is in fact the father - the Official Declaration referred to.
A Dna Test takes about two or three weeks
Claire

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