How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I’m in dispute with the mother of a child born 7 years ago

Customer Question

I’m in dispute with the mother of a child born 7 years ago over establishing paternity. I submitted my DNA sample through my GP surgery as requested by the CSA for an official test to be carried out. The results came back positive, but I don’t believe any test was carried out using my DNA because I’m 99.99% sure the woman in question was pregnant when we met. She sent me pictures of the child about a year ago and it’s apparent the real father is a different race to me. I tried to reason with the mother but she adamantly refuses to give me a sample of the child so I can carry out my own test (to which I’m entitled to according to the DWP). I threatened her with legal action; she said she’ll defy any court order. I since found out on the internet, that no court will force her to give me a sample. What can I do to establish paternity with an in-cooperative mother?
Submitted: 2 months ago.
Category: Family Law
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

In fact if you apply for a Declaration of Parentage and the other party refuses a DNA test then the Court can make an Order that you are NOT the father

Alternatively if you apply for a Child Arrangement Order and ask for a DNA test within that the Court can Order that you have contact with the child and if she wishes to avoid that then a DNA test is the only answer

Please ask if you need further details

Customer: replied 2 months ago.
I was told I can't submit a "freestanding case" via the court, it has to be alongside an ongoing case. What kind of ongoing case does this have to be?
Customer: replied 2 months ago.
I was also told the court will not order the mother to hand me over a sample so I can conduct my own test via a home testing kit. Is this information correct?
Customer: replied 2 months ago.
Also I stronlgy believe they have tempered with the first official proceedings. How can I be sure they won't do it again?
Expert:  Clare replied 2 months ago.

You either apply for a Declaration of Parentage

https://formfinder.hmctsformfinder.justice.gov.uk/c63-eng.pdf

Or you apply for a Child Arrangement Order and ask for contact with the child

https://formfinder.hmctsformfinder.justice.gov.uk/c100-eng.pdf

With either case you will have to pay for a reputable firm to conduct the test - and you can ask for a picture of the child that is tested.

You will have selected the firm and you will pay the bill will will give you the certainty that you need.

Customer: replied 2 months ago.
Does this mean I can only conduct a test via labs deemed reputable by the MOJ? Can I not carry out a home test which according to several internet sites is just as accurate? I absolutely do not trust the authorities, who can't afford a negative result, especially after an alleged positive test and all the fuss I've made over the past 7 years, which includes writing to the PM who passed it onto the very department I accused of corruption.
Expert:  Clare replied 2 months ago.

In fact the home tests are not as accurate - but you can take your choice from one of the reputable laboratories and you can pay for independent testers to take the samples

Customer: replied 2 months ago.
Please make my question available to other Experts. Thank you.
Expert:  Clare replied 2 months ago.

Of course

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)