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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1767
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I’m in dispute with a mother of a child over paternity. An

Customer Question

I’m in dispute with a mother of a child over paternity. An officially held DNA test came back positive, but I believe the procedure was compromised by non other than the CSA. I’m 99.99% certain the woman in question was already pregnant when we met. The problem I have is all the evidence that foul play was at work is circumstantial. Where I am now is I tried one last attempt to reason with the mother, suggesting we carry out our own test, she replied saying she was suspicious that I would find a way to falsify the test. I suggested to her that we meet and she bringed the child’s sample and I would take a swab in front of her; and then I said “better still, you can take the swab if that makes you feel any better”; we’d then put both samples in a jiffy bag, address it and she could watch me put the jiffy bag in a post box.
Every email I’ve written to her she’s replied to almost instantly; but now she hasn’t replied to this one. Where do I stand legally? I’m loathed to carry out a court directed test again which would no doubt go through the same hands as the first one.
Submitted: 2 months ago.
Category: Family Law
Expert:  Harris replied 2 months ago.

Hi, thank you for your question. Who administered and undertook the first DNA test?

Customer: replied 2 months ago.
Hi,My GP took a mouth swab and a picture of me and sent it off to where I don't know. That's the only involvement I had. The positive result came back some time later from Cellmark.
Expert:  Harris replied 2 months ago.

Thank you for confirming. In the circumstances you can request the detailed report from Cellmark, however, if your GP followed the procedure for obtaining your DNA correctly, as well as the evidential procedure when passing the DNA test to Cellmark, the DNA test cannot be challenged and the mother can continue to rely on it.

I appreciate that this may not be the answer you would have hoped for but if you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Customer: replied 2 months ago.
I complained to the then prime minister who passed my complaint onto the works and pensions department. They in turn asked me what my evidence was. I wrote them a 4 page letter telling them how I know the test was tempered with and what they were doing. They replied "get your own test done, if it comes back negative, we'll refund any monies taken from you". The mother said she would never give me a sample even if ordered to by a court. There must be a legal way to get her to give me a sample.
Expert:  Harris replied 2 months ago.

Thank you. In the circumstances, and despite what the mother is saying, you will need to apply to court for a declaration of parentage - the form is here: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2631

The court fee is £365 and you need to submit the form to the child's local family court.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

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