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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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My son is separated from his partner, she has two children

Customer Question

My son is separated from his partner, she has two children by him ?? His name is XXXXX XXXXX birth certificate. He is also paying Maintenance for them. How can he legally force her to allow DNA test to prove he is the father of both Children
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.

Clare :

Hi Thank you for your question.

Clare :

My name is Clare and I will do my best to help you but I need some further information first.

Clare :

What contact does he have with them and why does he now doubt their parentage?

Clare :

is he paying via the CSA?

JACUSTOMER-6lbmsatu- :

He is not allowed any contact with them she went to court and accused him of rape, and also made a statement about us as Grandparents.

JACUSTOMER-6lbmsatu- :

The rape case was thrown out and we have a letter to prove that. This is about 2 years ago, he has been living with a second partner no children to her. He is now living back with us.

Clare :

Has he ever applied to the court for contact?

Clare :

Is payment via the CSA?

JACUSTOMER-6lbmsatu- :

No

JACUSTOMER-6lbmsatu- :

The CSA are involved he is in arrears, but that will not be the case shortly.

Clare :

In that case the way forward is to apply to the court for a defined contact order.

Clare :

The form is here

Clare :

http://www.familylaw.co.uk/system/uploads/attachments/0006/9047/C100.pdf

Clare :

and the fee is £215

JACUSTOMER-6lbmsatu- :

How do we do that is that the fee to the court

Clare :

At the first hearing he can ask the court for a DNA test to establich paternity first

Clare :

I hope that this is of assistance - please ask if you need further details