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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Family Law
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My son and his partner have split up. He has a signed agreement

(by both parties) via mediation... Show More
(by both parties) via mediation that he his the primary carer for their son who is 3 and a half. The mother sees her son weekends. He is named as the father on the birth certificate. Now his ex-partner has said that he is not the father and is threatening to take the child away. We have had a DNA test and my son is not the natural father, but loves his son dearly. Can she refuse to let my son see his son?
Thank you
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Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is his ex aware that the DNA test has been done?
Customer reply replied 2 years ago.

No she isn't.

Given the existing close relationship between your son and the child if the mother does decide to call for a proper DNA test and change the birth certificate it is likely that the court would make an Order for Contact between your son and the child, but it is likely that the mother will be given the full time care.
However this is not certain - just likely
I hope that this is of assistance - please ask if you need further details
Customer reply replied 2 years ago.

Thank you. Would an order for contact mean that my son would be able to have his son for a few days at a time?

Also the reason that my son has his son at the moment is that his mother got very drunk at Christmas, had a fight with her own mother (who she was staying with) phoned us and asked us to collect our little boy with these words 'bye, bye, have a nice life with daddy, because mummy might not be here in the morning. Drunken histrionics I dare say. But because she seemed unstable it was agreed by both of them that he stay with my son.

It is entirely possible that this will continue - his ex may leave things as they are - and the longer the child stays with your son the more likely it is that this will continue even if a formal DNA test is done