Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Court ordered DNA test

42 replies

Nonass · 26/10/2023 00:50

My friend has an abusive ex who is trying to force her into doing a DNA test through the court. She has recently moved to Scotland does she have to do it?

OP posts:
WeightWhat · 26/10/2023 00:52

What did the court say? And is he paying for it?

Airyfairy99 · 26/10/2023 01:00

Why would she not do it ? In also going through divorce /cafcass /litigation hell but doing a dna test would be least of my worries as iv nothing to hide. If your friend is hesitant then i can only assume she is worried about dna result ?End of day why would a dna test be a big deal unless u were hiding something ??????

Original poster
Nonass · 26/10/2023 08:13

She hasn't had it but he is threatening this. They had a short relationship. She found out she was pregnant she doesn't know whose it is. He accused her of tricking him.They split up. Now he wants to be the boy's dad but he is horrible to his other child. None of it is good. She wants to protect her boy.

OP posts:
FatherB · 29/10/2023 15:02

Tbh if she doesn't know who the dad is then I can sympathise with him thinking he tricked her. Now she's moved away and wants to avoid a DNA test, it sounds incredibly dodgy. At the end of the day, the child should know who their father is, and it's too late to change that.

FatherB · 29/10/2023 15:02

She tricked him*

saffronsoup · 29/10/2023 15:06

I would hope so. Her ons has a right to know who his father is and the man has a right to know if he fathered a child or not.

Original poster
Nonass · 30/10/2023 05:30

The issue is not simple (she didn't 'trick' anyone and wants nothing from him). Did you miss the bit about him being abusive? The guy is seriously bad news. In an ideal world everyone would operate in the child's BEST interests but weighing opening up your child to abuse, against naming their biological parent and risking that, which would you chose?

The question posted is not about whether you want to judge her; it is about her legal position.

OP posts:
MintJulia · 30/10/2023 05:43

Legally the ONS is only entitled to a dna test if she tries to claim child support from him. It is his right to prove whether he is liable or not

Otherwise, she simply says the child is not his and he doesn't need a dna test. It is simply none of his business.

But that does not mean he will go away. If he's got it into his head that the child is his. Can she not have a dna test with the other possible father and find out that way?

Ponderingwindow · 30/10/2023 05:46

She can’t prevent a dna test. If he turns out to be the father, she will have to show evidence of abuse to the appropriate authorities

MintJulia · 30/10/2023 05:50

Ponderingwindow · 30/10/2023 05:46

She can’t prevent a dna test. If he turns out to be the father, she will have to show evidence of abuse to the appropriate authorities

This is incorrect.

In the U.K., a dna test cannot be carried out (outside the criminal justice system) without the agreement of all adults taking part.
She has not committed a criminal act, and I assume she isn't claiming child support.

Qantaqa · 30/10/2023 06:47

I believe that she can refuse to have the DNA test done as all adults taking part needs to give permission.

However I believe that the Ex can then ask the court to make a declaration of parentage based on her refusal to do so. The court then weigh up if its in the childs best interest to do so. Given that its held that its in the child's best interests to know its parents I would assume they would do so and name him, assuming that her refusal to take the DNA test means that she knows he is the father as if he wasn't she'd take the test and prove he wasn't.

I assume that then he could apply for contact - which I guess is what she wants to avoid?

Original poster
Nonass · 30/10/2023 10:00

Does the court only take into account the child's need to know who their parent is (based on the idea that this is in a child's best interest) or is any information gathered from the parent who has care and control? A declaration of parentage can open the door to abuse if this results in contact.
Secondly does domicility count? Scotland has its own legislation.

OP posts:
jadey1991 · 30/10/2023 10:30

Hi op, I mean if your friend doesn't know who the dad is to the boy then he has every right to ask for a dna test especially if they were in a relationship at time
I don't respect the fact he is being nasty to her but, he must feel a certain way about the situation.

I think you should speak with your friend and tell her to just sort the dna out and then take it from there.

Ibravedaflood · 30/10/2023 10:36

The ex would have to apply to the courts with credible cause to being the df. The judge will order via the court used dna firm dna tests. . He will have to pay. He will be given PR and the ability it be added to the BC should he wish. Hearsay won't stop this.

ianthes · 30/10/2023 11:09

This is all kinds of messed up. The child has a father somewhere. That father, could potentially NOT be the 'abusive' ex and could be walking round not even knowing he has a child!
The child itself deserves to know who it's father is.

AngelAurora · 30/10/2023 11:21

Nonass · 30/10/2023 10:00

Does the court only take into account the child's need to know who their parent is (based on the idea that this is in a child's best interest) or is any information gathered from the parent who has care and control? A declaration of parentage can open the door to abuse if this results in contact.
Secondly does domicility count? Scotland has its own legislation.

You keep stating abuse but can she prove it?

There is a child involved in the middle of this. It's in the child's best interest to know who their father is. I do not think your friend is being honest or putting the child first at all.

Ponderingwindow · 30/10/2023 11:34

MintJulia · 30/10/2023 05:50

This is incorrect.

In the U.K., a dna test cannot be carried out (outside the criminal justice system) without the agreement of all adults taking part.
She has not committed a criminal act, and I assume she isn't claiming child support.

Edited
Show quote history

So he has absolutely no recourse to be declared the father if she just says no? All he has to do is actually go to court.

There are extra steps involved, but the mother is only delaying the inevitable. If it gets to the court stage, presumably she will want to do the dna test in the hopes that he isn’t the father.

Original poster
Nonass · 30/10/2023 17:45

My friend is a wreck over this.
There are child protection issues here, maybe think about what you might not know about before wading in and making her feel worse.
This post is about the legal status of her position. It is not an invitation for you to have a go on limited information. Don't assume.

OP posts:
AnneLovesGilbert · 30/10/2023 17:59

Has she asked you to post this for her? It’s a huge forum, you’re going to get opinions. She’d be best off paying for legal advice specific to her situation.

Aylestone · 30/10/2023 18:02

MintJulia · 30/10/2023 05:43

Legally the ONS is only entitled to a dna test if she tries to claim child support from him. It is his right to prove whether he is liable or not

Otherwise, she simply says the child is not his and he doesn't need a dna test. It is simply none of his business.

But that does not mean he will go away. If he's got it into his head that the child is his. Can she not have a dna test with the other possible father and find out that way?

Bollocks. She can’t just say ‘it’s none of your business’ and ignore him when it’s potentially his child. He can apply for contact and it will be on HER to prove the child isn’t his to prevent it

Aylestone · 30/10/2023 18:05

Ponderingwindow · 30/10/2023 11:34

So he has absolutely no recourse to be declared the father if she just says no? All he has to do is actually go to court.

There are extra steps involved, but the mother is only delaying the inevitable. If it gets to the court stage, presumably she will want to do the dna test in the hopes that he isn’t the father.

Show quote history

This. I sympathise with her if the father’s potentially abusive. But there are a lot of spiteful mothers out there that would massively abuse the system if they could just refuse a dna test to get the father to go away. Just as a man has to pay child support if he refuses a dna test, the court will order contact if the mother refuses it, where the dad can get the child a dna himself

Coyoacan · 30/10/2023 18:24

If I were her, I would see about the legality of leaving the country at this point. Or getting someone else to claim parentage.

Starlightstarbright2 · 30/10/2023 18:40

I am not in Scotland , but certainly in England the courts can insist on a Dma test .

the process would then follow if he is the dad can then apply for pr and visitation .

no one here is trying to downplay her fears more give facts in terms of the law .

ianthes · 30/10/2023 19:47

Does she REALLY not know who the dad is? Or is she just sowing doubt to put him off?
If it's possible it's someone else surely it's in her best interest to find out, would potentially cut ties with the abusive one ?
She could get option 2 to take a dna test instead?

Original poster
Nonass · 31/10/2023 04:29

I think she is a bit frozen. I am helping with information gathering. In a big forum there may be someone who can answer the question about Scotland. She will have to get a solicitor in time.

OP posts: