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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:
haribosmarties · 31/10/2023 05:43

No he cannot force a DNA test if she doesn't give consent. Unless she is claiming maintenance in which case she still wouldn't be forced but the maintenance might stop.
You cannot force anyone into having a DNA test in the UK unless it's part of a criminal case.. and even then I think it's hard to do.

Viviennemary · 31/10/2023 05:47

Of course he needs to know if he is the father or not. If your friend has tricked him that is pretty low IMHO. I think a man can order a child to have the test if he has reason to believe he is the father.,

haribosmarties · 31/10/2023 05:49

And I strongly disagree with these comments saying the father has a right to know.. if he's an abusive pos then she should do everything she can to protect the child from him having any rights over it. I've seen this with these dickheads once they get their claws in they just use the child to abuse the mother further. Children are better off without these people on their lives. Let her keep his details and give them to the child when he reaches adulthood if he wants the details and he can investigate himself.
But having seen a friend go through having to give a man who beat her almost to death, contact with their son, I'd say she should resist any attempt of his to lay claim to the child now.

WishIWasAtHomeInstead · 31/10/2023 06:10

I'm pretty sure the posters saying the potential father cannot 'force' a DNA test are incorrect. I believe there are lots of cases where this occurs when the mother registers the child without naming the father. The father can apply to court to rectify this via DNA test.

AngelAurora · 31/10/2023 06:13

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.

Have you proof of child protection issues? Even so the child still has a right to know.

YetMoreNewBeginnings · 31/10/2023 06:15

Courts in Scotland will also sanction a dna test or will declare parentage based on a refusal

The issue of access to the child is wholly separate from a declaration of parentage

Somewhereovertherainbowweighapie · 31/10/2023 06:24

Can she move a long way away?

Collaborate · 31/10/2023 06:25

It’s a sad fact that so many people who have little or no knowledge of the law come on to Legal to offer opinions that are plain wrong.

If father applied to court before she moved to Scotland the English court would still have jurisdiction. The English court does have the power to order DNA testing : see Cafcass https://www.cafcass.gov.uk/parent-carer-or-family-member/applications-child-arrangements-order/other-support-services-cafcass-delivers-behalf-ministry-justice/dna-testing#:~:text=In%20some%20family%20court%20proceedings,involved%20in%20family%20law%20proceedings.
Or how about the source legislation?
https://www.legislation.gov.uk/ukpga/1989/41/part/XII/crossheading/paternity-tests/enacted

Children Act 1989

https://www.legislation.gov.uk/ukpga/1989/41/part/XII/crossheading/paternity-tests/enacted

Qantaqa · 31/10/2023 19:45

Thsts interesting@Collaborate as in my case my ex refused a DNA test (knowing full well DS wasn't his) and we were told it couldn't be done without his consent. It was many years ago though so maybe things have changed or maybe they just didnt want to force the issue as there was an alternative (I got a DNA test with DS biological dad

@Nonass I believe that the court would find it in the child's interests to "know" who it's father is (or isn't) so would be supportive of a DNA test request. Whether that would translate into knowing him via contact would be a different question I think and not easy to answer.

Has he already applied to court or just currently threatening it?

Dugalo · 07/11/2023 07:51

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Original poster
Nonass · 29/11/2023 07:18

Thanks for the link which is really helpful.
What is confusing is whether or not proof of parentage has actually been applied for and when. The refusal to discuss anything outside of his solicitor's letters makes matters worse. The guy changes his mind a lot though and his solicitor just stopped replying to requests for information.
I would have thought that before any request to prove parentage would involve getting some information from the mother but this has not been done. So he could put whatever he wanted on the request to the court.

OP posts:
Original poster
Nonass · 29/11/2023 07:25

I agree with this. I think some people do not realise that men like this are capable of using the power of parentage to torment.

OP posts:
Original poster
Nonass · 29/11/2023 07:29

The little boy is a baby and there is no relationship. Yes there is evidence of abuse - not of the baby.

OP posts:
Original poster
Nonass · 29/11/2023 07:41

Are you sure? The court will order contact if she refuses a DNA test? I thought proof of parentage and parental rights are separate.

OP posts:
bellac11 · 29/11/2023 07:43

haribosmarties · 31/10/2023 05:43

No he cannot force a DNA test if she doesn't give consent. Unless she is claiming maintenance in which case she still wouldn't be forced but the maintenance might stop.
You cannot force anyone into having a DNA test in the UK unless it's part of a criminal case.. and even then I think it's hard to do.

This is wrong, in the family courts DNA tests are ordered all the time, its not unusual. If a court orders a test then the parents must comply.

However he would need to make application through the courts and it would be quite long winded because it would involve him making application for contact, then her saying hes not the father, then the court needing to make a decision about whether its proportionate to order a test etc etc

Ultimately though, a child has the right to know who their father is.

Startingagainandagain · 29/11/2023 09:08

I really don't understand her logic...

Why wouldn't she want to know who the father of her child is? I think the child also has the right to know in the future.

That does not mean she needs to have contact with him and if there are issues with abusive behaviour the courts will take that into account when it comes to visitation rights if he is the father.

If he is not the father it is also in her advantage to establish that.

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