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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
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 and his partner have split up. He has a signed agreement

Resolved Question:

My son and his partner have split up. He has a signed agreement (by both parties) via mediation that he his the primary carer for their son who is 3 and a half. The mother sees her son weekends. He is named as the father on the birth certificate. Now his ex-partner has said that he is not the father and is threatening to take the child away. We have had a DNA test and my son is not the natural father, but loves his son dearly. Can she refuse to let my son see his son?
Thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Is his ex aware that the DNA test has been done?
Clare
Customer: replied 2 years ago.

No she isn't.

Expert:  Clare replied 2 years ago.
Hi
Given the existing close relationship between your son and the child if the mother does decide to call for a proper DNA test and change the birth certificate it is likely that the court would make an Order for Contact between your son and the child, but it is likely that the mother will be given the full time care.
However this is not certain - just likely
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you. Would an order for contact mean that my son would be able to have his son for a few days at a time?

Also the reason that my son has his son at the moment is that his mother got very drunk at Christmas, had a fight with her own mother (who she was staying with) phoned us and asked us to collect our little boy with these words 'bye, bye, have a nice life with daddy, because mummy might not be here in the morning. Drunken histrionics I dare say. But because she seemed unstable it was agreed by both of them that he stay with my son.

Expert:  Clare replied 2 years ago.
Hi
It is entirely possible that this will continue - his ex may leave things as they are - and the longer the child stays with your son the more likely it is that this will continue even if a formal DNA test is done
Clare
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