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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 13640
Experience:  I have been practising for 30 years.
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Morning please legal standing on dna testing on children.

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Morning please legal standing on dna testing on children. The father has walked out and is now asking for dna testing on children aged 8, 6 and 17 months. He wants to do a home test. There is no guarantee that he will not change his sample so there is no match. Can this be stopped or can it be insisted it is done with transparency at a medical facility. He has limited access and we are sure he will do it then then cause trouble by lyimg about the results
JA: What steps has the father taken? Has he filed any papers in family court?
Customer: No she is trying to keep it amicable and he has been given an agreement whic he agreed to but keeps reneging on. He walked out the house
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does the father live in?
Customer: They all live in Southampton. She doesn’t have much money although she works and has some help from credits. He is supposed to pay according to the agreement about 600 a month but it is a battle to get it. Do you think she would qualify for legal aid
JA: Anything else you want the lawyer to know before I connect you?
Customer: It’s really can she get help and what does she do about this dna testing thank you

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore maybe delayed in replying.

is the father refusing to pay child maintenence unless proven they are his?

are they married? if so how long

is this agreement to pay from court?

Customer: replied 3 months ago.
We have no idea what his agenda is. But he wants to do a home test which means he can change it and we think he wants to use the information against her.

The home test is for interest only. It’s of no use in court for the reasons that you mention.

There is absolutely no reason not to go ahead and if he does forge the test, and it doesn’t come out with what’s expected, just insist on the formal one.

I think that answers the question very simply.

Incidentally, if a person refuses a test the presumption is that the result would be unfavourable for them.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

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