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: 34509
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: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
Please make my question available to other Experts. Thank you.
Expert:  Clare replied 1 year ago.

Of course