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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24613
Experience:  Senior Partner at Berkson Wallace
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How can you ask the courts to order a dna test on a baby if

Customer Question

How can you ask the courts to order a dna test on a baby if the mother wont tell me the childs name or when it was born?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No. The woman is still pregnant and dont know what to do. She now saying baby is just hers and refjsed my name on birth cert and says she wont be telling me when baby born or its name.
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 you live in?
Customer: Live in the UK
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That i want to see this baby and be a part of its life but the mother is refusing all this for no reason
Submitted: 16 days ago.
Category: Law
Expert:  Stuart J replied 16 days ago.

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

Please bear with me and 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.

Do you know why she is doing this?

Customer: replied 16 days ago.
Ok thanks
Customer: replied 16 days ago.
She just being nasty as we were not in a relationship and when she got pregnant she wanted a relationship and i didnt but i have always tried and told her i want to be there for the baby but she continues ro not keep me onformed and tells me its just her baby and doesnt need a father
Customer: replied 16 days ago.
She has twins already with sumine else and says them children dont need ro know thenfather but i want my baby to know i am his dad and i want to be in its life. I have my 3yr old daughter living with me from a lrevious relationship and i am a good dad and i want to be a dad to this baby.
Customer: replied 16 days ago.
At first she agreed to help me name baby and i went o the 1st scan and she said i would be on birth certificate..then that all changed with no good reason. She told me i wasnt going to any more scans ans she wasnt going to let me have anything to do woth the baby. I have tried to be there and i want to b to support my child but she is making it impossible
Customer: replied 16 days ago.
I just dont know what to do. At the moment the baby isnt born so i know i am helpless and have no say or choices in the baby as she just isnt being civil at all. My daughter who lives with has been with me for 2 and a half years and her mum will say what a good father i am. I am desperate for this baby to be in my life and my daughters life but it feels like she can do what she wants and hold info from me and there is nothing i can do about it but i want the baby to know i am his father and i want to be on birth certificate and be a father and she knows this. I feel like she is playing games with my life and this babys life
Customer: replied 16 days ago.
Weeks ago she told me she was going to abort then blocked me on all social media etc so i couldnt get in touch with her so i didnt even know if my baby was still alive or not. She says the baby only needs a mum but thats not fair..its my child too and i want to be a father and have from day one and she knows this and tells me i have no rights and all the choices are hers
Expert:  Stuart J replied 16 days ago.

The court will rarely order a DNA test because there is no need.

In any event you can’t do anything until the child is born and that’s not going to be that difficult because obviously, she will no longer be pregnant.

Then you ask her to undertake a DNA test.  Please note only court approved DNA tests are acceptable legally.  Anything else is just for interest.

If she agrees, then you will find out whether the child is yours or not, if she disagrees, then the court presumes that the child is yours.

If you did not agree there would be the presumption that you were the father.

So the presumption goes against the obstructive party.

In order to get to see the child, then you need Child Arrangement 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, it is no longer called "access".

2              A Residence Order to determine who the child lives with, it is no longer called "custody"

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.

Unfortunately, she can register the birth and exclude you.

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

Customer: replied 16 days ago.

I have read that threw gov site u can pay 390 and ask court for dna test as the mother says she will not do a dna test and she wont let me see baby for me to get sample.

So..can you be clear...when baby is born and she wont do dna test...what is the first thing i should do? I was told u have to get a dna test to prove i am the father to then add name to birth certificate as without this i have no rights at all

Customer: replied 16 days ago.

If the mother refuses dna test then can i complete a..declaration of parentage form for court and then they will ask her to do dna on baby? Its all confusing. I need this dna proof so my name can then be put on birth certificate legally

Customer: replied 16 days ago.

Also you say she will give birth so know she had the baby...well yes..but how do i find out the actual birth date if he doesnt tell me? This is y baby also and i have a right to know when my child is born surely

Expert:  Stuart J replied 16 days ago.

As soon as the child is born you make an application for a Child Arrangement order and she will have to oppose that on the basis that you are not the father.  Either you or the court then asks for a DNA test.  You have details of how to apply for a Child Arrangement Order.

If you refuses, it is presumed that you are the father.  If you refused, it is presumed that you are not.

You will not get a DNA test before the birth.

The courts are reluctant to order tests.

You can apply for the Parental Responsibility Order which gives you exactly the same rights, if you are the father, as if the name is ***** ***** birth certificate or you can apply for the declaration of parentage

https://www.gov.uk/adding-fathers-name-birth-certificate

Customer: replied 16 days ago.
Ok so when baby is born if she refuses to let me see baby i apply straight away for child arrangement order? So i dont need to get my name on birth cert before i do that as she says she wont b putting my name on birth cert?
Expert:  Stuart J replied 16 days ago.

Your understanding is correct.  At the moment you are overthinking it and trying to deal with everything at once.  You do it a bit at a time and you start with mediation as I said in my previous reply.

She thinks that by not having your name on the birth certificate, she can exclude you.  That is not the case.

Incidentally, you are still liable to pay child maintenance at the CMS rates which are here

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/672432/how-we-work-out-child-maintenance.pdf

Do read the whole document but the basic rates start at the top of page 18.

Child maintenance is reduced by 1/7th for each 52 nights that the non-resident parent has the children.

And that liability applies whether you are named on the birth certificate, whether you see the child or not and whether that is your choice or hers.

Customer: replied 16 days ago.
if i want to get a dna test before anything else so i know 100% this child is mine as part of me has doubts with her not wanting me to see the baby and refusing name on birth cert...then yes i can buy one off the internet but i cant force her to do it and she will refuse and if i dont see baby i wont be able to get a sample so what do i actually do for a court to make her do dna? How do i go about that?
Expert:  Stuart J replied 16 days ago.

We have covered this before.  We are going round in circles.

The court will rarely enforce and order for a DNA test because it would just go on the presumption that if she refuses, the presumption is that the child is yours if you want it to be or it’s not you don’t want it to be.

You can make any application you like but whether it succeeds or not is a different thing altogether.

The tests of the Internet or of no legal value.

At risk of repeating myself yet again, you need to make an application for a Child Arrangement order but for that you need to start with mediation.  That’s where you start.

If you want go to mediation then you’re off to court as part of the court process the court will ask her to do test and if she refuses the court will presume that you are the father.

Customer: replied 16 days ago.
She has already refused mediation though when i asked her. So do i need to get a solicitor and get a letter sent to her asking for mediation and wait for her response and then take it from there? If she refuses then the assumption will be its my cbhid and then i apply for a child arrangement order? Is that correct?
Expert:  Stuart J replied 16 days ago.

Have you looked at the link and the forms which I sent?

There is absolutely no reason why you cannot DIY and save a whole load of money on solicitors fees because they are going to charge GBP250 per hour and there is no legal aid.

Customer: replied 16 days ago.
What do you mean...do it myself? U mean me send her a letter to her home address asking for mediation and wait for a response? What if she dossnt respond or says she hasnt received the letter?
Expert:  Stuart J replied 16 days ago.

You need to read everything I have sent you.  All the links all the sub links and all the pages.  It contains the answers to everything that you are asking me.

You need to find a mediation service near you.  The Internet is full of them.  The mediator contacts her because the court will not take it from you that she refused.

The mediator has to sign a certificate to say that she is refused and then you make the application to court.

You might start by telling her that you will be getting a mediator to contact her and you appreciate that she will refuse but that’s not a problem because you will simply then go straight to court and the court will order a DNA test and if she refuses the DNA test you will get the Child arrangement order you are after because the court will assume that you are the father.  So all she’s doing is causing herself grief but you’re not bothered, because at least now you know how to deal with it.

Don’t go banging on about it, just tell her once.  Otherwise she will allege that you are harassing her.