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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34123
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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The financial commitment would that be backdated to the birth

Resolved Question:

The financial commitment would that be backdated to the birth of my son if he is proven to be the father or would it be from the time that the DNA results have been submitted to the court?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
I am afraid that it cannot be backdated to a date prior to an application being made to the Child Maintenance Service for maintenance - which you cannot do until he is identified as the father (although you could have done so has no one else been named on the birth certificate
Please ask if you need further details
Clare
Customer: replied 3 years ago.

My current partner is named on the birth certificate, I didn't know I was pregnant until after my ex husband and I had split up, its my ex husband who wants the DNA tests done to prove that my son is his and not my current partners, does my current partner need to give permission also for the tests to be done has he is named as being the father?

Expert:  Clare replied 3 years ago.
Hi
No I am afraid that if the court orders it it must be done
Clare
Customer: replied 3 years ago.

Surely its in the best interest of the child for my ex to have DNA tests done to establish paternity when my son is currently in a stable family environment which will be totally destroyed if these test go ahead

Expert:  Clare replied 3 years ago.
Hi
I am sorry but it is believed that it is in the best interest of the child to know the truth about his or her biological origins
Clare
Customer: replied 3 years ago.

If the DNA tests prove that he is the father to my son, does that automatically give him access rights or do we have to go back to court again?


 


Also who is responsible for paying for all of this? I can't afford for any of this I have a lawyer but she want for two thousand pounds to sort this out for me and I just don't have the money to do I don't earn enough.

Expert:  Clare replied 3 years ago.
Hi
If he has made the application and you cannot afford the DNA test then he will have to pay for it.
If he is the father then you should try and negotiate contact with him using Family Mediation (www.familymediationhelpline.co.uk) - if he is not happy with that then he will have to apply to the court
Clare
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