Can I refuse DNA paternity test? (Scotland)

[Edinburghgirl2]

Hi, looking for some advice.
I was previously in an abusive relationship which ended when i found out i was pregnant. (He was found guilty of DA in court).
I am now the mother of a 3 year old girl and have heard nothing at all from this man since months before she was born (like i say, shes now 3)
Last week his lawyer contacted me saying that this man is looking for a DNA test with view to visitation.
Obviously life moved on and i have been with a great man since just after my daughter was born and he is essentially her dad. She calls him dad, his family accept her as their granddaughter, we are a very happy family, she knows no different and absolutely adores him. I've never even thought about the biological dad in years.
As terrible as it may sound, after what this man did to me, his history of abusing woman in various ways and the fact that this guy disappeared off the face of the earth before my daughter was born (so shes never met him and tbh our relationship was very short and ive not seen him in over 3 years so hes a stranger to me too) I have instructed my lawyer to refuse the DNA test.
We are in Edinburgh and apparently the mother cant be forced to do the DNA test here BUT that results in "Inference" in court meaning that the judge just assumes the guy MUST be the biological dad as the mother won't allow a dna test.
So I'm looking for more info on "Inference"...does that mean the judge will automatically proclaim this man as the biological dad and allow him on the birth certificate?

Will it just be the same outcome if I do the DNA test or not?

If you refuse a DNA test the court is likely to decide that you are doing so because you know this man is the father. So yes, he is likely to be declared the father regardless of whether you take the DNA test.

I don't think you are going to do yourself any favours by refusing the DNA test.

@Edinburghgirl2 i would look at this a different way. As pp have said the court is likely to infer he is the father.

Rather than fighting the DNA test use your time and energy to build a case setting out his abuse etc. You have your DA case but do you have a timeline of all his abuse to you plus details of abuse of others. The best for your daughter may be he is on her birth certificate but has very limited supervised contact.

@Princessglittery Unfortunately, as the abuse was directed at me and not a child then apparently the court doesn't care and he can quickly work his way up to 50/50. (All abuse was documented, reported to police and he was found guilty of DA) He's one of those guys that seems perfectly normal to the world, holds down a good job, has a partner, helps out with her child, etc so he will have all of that going for him at court. It's us ex girlfriends and other girls that he's dated that have seem the real, extremely nasty him and I genuinely fear for my daughter being around him.

@Edinburghgirl2 I’m sorry that he is likely to get unsupervised access. That is tough.

I would reply that if he turns out to be the father, you will of course you also be seeking maintenance, including retroactively. He might change his mind.

@G5000 That's a good idea

Sadly you can’t backdate maintenance.

Unfortunately you are dealing with facts. No matter how unpalatable they are.
Your child's father is this man and as such has the right to apply for PR and subsequent visitation.

Is there any chance he is not the father ? If not then just have the test. The outcome will be the same. Except refusal makes him the father by default and you labelled an obstructive mother. You can't change facts,
What you can put your energy into is persuading the courts the this man is violent and not safe for your child to be around.

@Edinburghgirl2 Hey! I have just read this post and I am about to go through a very similar situation myself and was just wondering if there was an update?

@ss45 Hi, so it's been about 8 months now and I've heard nothing more from my ex. I agreed to the DNA test, informed his lawyer i'd allow it to go ahead....and he disappeared off the face of the earth again. So DNA test was not done and I've not seen or heard from him since. Fingers crossed it stays that way x

That’s good news. Hopefully it stays that way. All the best to you and your Dd.

Your child deserves to know that their step dad is not their biological father The sooner you tell them the better, it stops them feeling like they've been lied to when they do eventually find out.

This is not a professional advice.

You suggested your former partner prefers contact time. Such is a Parental Right under Children (Scotland) Act 1995 Section 2(1)(c) "if the child is not living with him, to maintain personal relations and direct contact with the child on a regular basis". You should check if your former partner has Parental Responsibilities and Rights (PRR), which he may not possess. In this scenario, if his name was not on the child's certificate/ he was not married to you at the child's conception/ he was not registered as a father under an agreement, he may not have automatic PRR.

Refer to the Scottish Government Website on Parental Responsiblities and Rights.
https://www.mygov.scot/parental-responsibilities-rights/fathers

I cite the government website above (as of 16 October 2024), If (the biological father) don't have parental responsibilities and rights, it's up to the child's mother to decide what's best. (The biological father) have no legal right to make these choices.

Further details are set out in Children (Scotland) Act 1995.
https://www.legislation.gov.uk/ukpga/1995/36/data.pdf?view=extent

Even if the former partner has PRR, you may seek further help. The court can make order as it thinks fit to deprive a person of some or all of his PRR (the same Act Section 11(2)(a)).

Please seek professional advice for further details. Information above may not be accurate.