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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23699
Experience:  Senior Partner at Berkson Wallace
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Can an alleged father do a dna test without the mother

Customer Question

Can an alleged father do a dna test without the mother consent?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: No Just looking for options
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do they live in?
Customer: Not wanting to take this to coutt
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 12 days ago.
Category: Law
Expert:  Stuart J replied 12 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Are you the alleged father? and what are you trying to do please

Customer: replied 12 days ago.
at the moment she is refusing to do a paternity test
Customer: replied 12 days ago.
threatening to leave the country before the baby is born
Customer: replied 12 days ago.
I’m trying to take this friendly until the baby is born. My questions is: can I do a paternity test after the baby is born without her knowing?
Expert:  Stuart J replied 12 days ago.

There is absolutely nothing whatsoever to be gained by refusing a DNA test.

If the mother refuses a DNA test, the presumption goes in favour of the father.

So the father wants to be the father the presumption is that he is.

If the father doesn’t want to be the father the presumption is that he is not.

That is of course if the mother refuses to submit the child to a DNA test.

The court can in certain circumstances order a test but it would normally simply go on the presumption.

With regard to her leaving the country, the father needs a particular kind of Child arrangement order called a Prohibited Steps Order.

Fortunately, there is a lot of information on the Internet about Child Arrangement orders and the government have actually produced a guide on the subject which is here.

https://www.gov.uk/looking-after-children-divorce

The different types of Child Arrangement order are:

1              A Contact Order which specifies when parent sees a child,

2              A Residence Order to determine who the child lives with,

3              A Prohibited Steps Order to prevent a parent doing something with the child such as moving away either in this country miles away or taking the child to another country.  Particularly relevant if there is a chance that the parent would go to another country and never return.  The parent wishing to prevent the move would have to convince the court why it’s not in the best interest of the child to move.  Friends, support, school et cetera et cetera all taken into account.

A Prohibited Steps Order is to prevent child Abduction and it’s one of the few areas of law for which legal aid is sometimes still available.  It’s often therefore worth seeing a solicitor.

4              A Specific Issue Order to allow a parent to do something specific with the child such as moving away to another part of the country or indeed to another country.  .  The parent wishing to move would have to prove why it’s not in the best interest of the child to move..  Friends, support, school et cetera et cetera all taken into account.  It would also encompass things such as changing school if the parents cannot agree, changing the child's name, and anything other specific.

The courts will not get involved in a Contact or Residence order unless the couple have been to mediation first.  So the couple would have to try mediation even if it subsequently fails and the matter proceeds to court.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards