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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 partner has 3 month old twins the mother was in a relationship

Resolved Question:

My partner has 3 month old twins the mother was in a relationship with a man who could no longer have children. They split up and she got together with my partner, she had an ovulation app on her phone was pregnant in two weeks and after the first scan went back to her ex. Cut all ties with my partner, even though he has kept trying. He was informed of the birth and allowed to visit in special care once. She registered the twins without him, they do not have his surname and never been allowed to see them let alone hold them. She also advised him to get a DNA test. Now the CSA have contacted him about making payments to the boys, the paternity is uncertain, he has no parental rights and denied acces. How do we resolve paternity and access and correct csa payment. We cannot afford a DNA test or solicitor. And the mother will not respond to any communication. Should csa be payed even though there is a chance they are not his.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Has your partner not asked the CSA to arrange the DNA test - the money is refunded if the children are not his?
Clare
Customer: replied 3 years ago.
They have said that a payment of £330 is required to do the DNA test. We don't have access to that much money
Expert:  Clare replied 3 years ago.
Hi
How much does your partner earn gross per month?
Clare
Customer: replied 3 years ago.

He earns £800 a month.
Expert:  Clare replied 3 years ago.
Hi
Is that net or gross?
Clare
Customer: replied 3 years ago.
Net pay a week is £195 pn his payslip.Total gross pay is £206.30 on payslip weekly
Expert:  Clare replied 3 years ago.
Hi
The problem is this.
If he does not have the DNA test done then he is going to be paying £34 a week for the children no matter what as the CSA will enforce this
However what he can make an application to the court for Parental Responsibility for and Defined Contact with the children.
He does not need a solicitor - the form he needs is here
http://www.thecustodyminefield.com/CourtForms/C100.pdf
and although the fee is £215 he may be eligible for fee remission http://www.justice.gov.uk/downloads/forms/hmcts-fees/ex160a-eng-upto-6.pdf
If his ex wishes to prevent contact then she will have to show that the children are NOT his and SHE will have to pay for the DNA test
Before applying he should offer to discuss matters with her using Family mediation (www.familymediationhelpline.co.uk) for which Legal Aid is still available
Clare
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