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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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My ex partner has agreed to do a DNA test but keeps coming

Customer Question

My ex partner has agreed to do a DNA test but keeps coming up with excuses not to do it, what can I do about it?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

If he refuses or delays, you only have one option and that is to take him to court with an action of paternity. The court can request him to take the test and if he continues to refuse the court can assume that he is the father and make suitable orders.

Note that the court cannot insist that he takes the test, it can only make an adverse inference from his refusal to do so.

Happy to discuss further. You might want to get your lawyer to write to him in the first instance stating the adverse consequences if he refuses to take the test, including the liability to pay your court expenses.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

Sorry, my ex partner is the female, I am the father (ment to be).

Expert:  JGM replied 4 years ago.
Are you wanting to establish that you or are not the father?
Customer: replied 4 years ago.

Yes, there have been 2 DNA tests carried (over the counter tests), one with myself and one with her husband and both results have been different to suit her circumstances at the time. I have requested and paid for a legal test to be carried out so I know one way or the other if I am the father. She has agreed to do the test, but won't actually go and do it and all my solicitor seems to do about it is send her letters.

Expert:  JGM replied 4 years ago.
Your solicitor should raise an action of declarator of non paternity against her. The court again will request her to do a paternity test. If she refuses the court will make an adverse inference and may decide the action accordingly.

Happy to discuss further.