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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34886
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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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

Or you apply for a Child Arrangement Order and ask for contact with the child

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