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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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1. Can you take some one to court and sue for emotional distress?

Customer Question

1. Can you take some one to court and sue for emotional distress? History - My son had an affair with a married woman a result of which a child was conceived and born. Allegedly the child was my sons - DNA test supposedly proved this. The female in question has now left my son and returned to her husband and states that the child is her husbands - a further DNA test supposedly (again) proves this. I have been led to believe that this child is my grandchild for he last two and a half years and treated her as such. To be told now that she is not a grandchild of mine has caused myself and my wife considerable distress.

2. Can a further DNA test be enforced upon the mother to determine the biological father of the child? History - as above she has allegedly had two DNA tests done both proving positive in favour of my son and her husband.

3. Can she (the woman)~ be taken to court for falsifying DNA tests? History -as above.

Scottish Law would be applicable in this case. ?Sorry for the 3 questions but anxious.

Harry
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

1. You can't sue for emotional distress. If you have been diagnosed with a recognisable medical condition which can be linked to all of this then you can sue but emotional distress is not a recognised medical condition.

2. Your son can raise an action for declarator of paternity and the court can order a DNA test. If she refuses to cooperate then the court will infer that your son is the father.

3. If someone has relied on the DNA tests and has suffered financial loss because of her representations then there is a cause of action. It appears that she may not have told the truth, but I doubt she has actually falsified results. Your son could, as part of the court action referred to in my second answer above, ask the court for an order for recovery of the the earlier DNA tests and her refusal to produce them would place her is a very difficult situation.

Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

Further to your response at 3 above. Can the fact that the woman moved in with my son in his house and he paid all the utility bills and food for a period of two year for her, her three sons and the (disputed) daughter be classed as "financial loss"? He only asked her to move in because she said the daughter was his.


He then bought her a ring - by way of an engagement ring - which she subsequently took when she moved out but he had never formally asked her to marry him,and she never agreed to marry him as she was never officially divorced. She moved out whilst he was working abroad and took the ring with her - can this be classed as theft?

Expert:  JGM replied 4 years ago.
Yes he could sue for these things by way of damages and could sue for return of the ring. However I don't think that the crime of theft is established. This is purely a civil matter, not a criminal one.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 4 years ago.


To summarise therefore would you recommend:


 


a. Action for declaratory of paternity.


b. Sue for loss/damages ie utilities and ring.


 


In your opinion would the above stand any chance in court - is it worth pursuing?

Expert:  JGM replied 4 years ago.
I would go down the paternity route. I wouldn't necessarily raise proceedings for a ring unless it's very valuable. However, the decision is your son's at the end of the day. He will want to know once and for all if he is the father.