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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10283
Experience:  30 years as a practising solicitor.
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Hi, I dont really know where to begin but I will try. I have

Customer Question

Hi, I don't really know where to begin but I will try. I have recently found out that my husband had been unfaithful to me with his ex girlfriend and she fell pregnant and just had the baby in February. They already have a 6 year old daughter. My husband asked for the pregnancy to be terminated and she said no and that she didn't need or want anything from him. Now that she has had the baby she will not allow my husband to see their 6 year old unless he also establishes a relationship with the new baby, he has asked for a DNA test to be done on the new baby, he is also not listed on the birth certificate. My question really is can she by law really do this? He loves his 6 year old very deeply and she has been actively involved in our lives together and she is saying that a solicitor has told her she is doing the correct thing. Please help!
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

No she can't do this. And if her lawyer has advised her in that way he is wrong.

What he has to do is raise a contact action for the 6 year old and also a declarator of paternity for the baby with an application to the court to direct that a DNA test be taken. If she refuses the test then the court can't make her do the test but can infer that your husband is the father and grant parental rights even if he isn't on the birth certificate.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
Thank you. So just to clarify if she refuses to do a DNA test the court can still declare he is the baby's father without any proof? This woman has told many lies and some are documented within a recent court case. Would they take this into account? My husband can't be sure he is the baby's father so he wants to test the baby.
Expert:  JGM replied 2 years ago.
The court can make that inference if your husband were to ask the court to do that, yes, but he doesn't have to of course. There is no way that the court can force a DNA test.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10283
Experience: 30 years as a practising solicitor.
JGM and 3 other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.
I should also say that my husband does not wish to have any contact with the baby but he will support her financially he made this clear with her from the start and we have proof of her refusing him access to the eldest child unless he has a relationship with the baby. Will this have any impact on his access to the older child?
Expert:  JGM replied 2 years ago.
No it won't. And if she seeks child support to the younger he should tell the CSA that he isn't the father so that the CSA will organise a DNA test. If she doesn't cooperate with that her application for child maintenance will be refused.

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