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Can I refuse a DNA test

32 replies

Sister542 · 08/02/2022 19:16

In previous posts, I have explained mine and my ex's relationship.
I have decided to do parenting alone as I feel trying to co-parent is going to bring more trauma to my life and my daughter life. He has already stated we both can not be in her life but has insisted she can live with him and his family instead. (which I won't agree to as I am her mother and no way will I give up my parenting role)

I was looking for some advice. If he takes me to court to get a DNA. Can I refuse to do a DNA test? Also if the courts force me to do a test am I still able to refuse and what will the consequences be for doing so?

I am now at that point I would prefer my daughter has a happy younger life. Then to have confusion and be anxious.

OP posts:
cherryonthecakes · 09/02/2022 10:46

He can go to court and apply to be added to her birth certificate. You can't refuse a DNA test.

He wouldn't get sole custody. Normally the most that each parent could expect is 50/50. By normally I mean no circumstances like domestic violence and I'm assuming that your daughter isn't a newborn or something. If your dd is school aged then he'd have to live close enough to you to do the school run.

cherryonthecakes · 09/02/2022 10:49

If he gets his name on the birth certificate then get a Child Arrangement Order immediately. This will mean the police will bring back your daughter if he tries to keep her when it's your time. There are people here whose exes kept their child and they had to go through the legal process to get their kids back (emergency hearings etc) Iirc this takes days but if you do a search you might find more details.

MrsBertBibby · 09/02/2022 11:01

This will mean the police will bring back your daughter if he tries to keep her when it's your time.

No, it doesn't. The police have no power to enforce a CAO in this way.

The Court have the power to request and authorise police to assist in recovering a child, but it requires a separate application.

Allpenguinsarepingus · 09/02/2022 11:18

OP have you got written evidence of him saying that you can’t both be in her life and that he wants her to live with his family and for you to not have access?
That’s a totally unreasonable viewpoint that no court will support. If you’ve been advised to not contact him at all I’d stop all contact now.
Would it help to have one message ready like ´I find your idea that dd should live with you and not have any contact with me unacceptable. Please direct any future propositions for contact with our child to my solicitor.’ - then you can copy and paste it and send to him whenever he tries to get you to engage in any more ridiculous discussions on this. - maybe talk to your DA or social worker about this idea. Also it only works if you have a solicitor.

If he wants contact it needs to go through the courts. I think you should try to get some legal advice now for your own peace of mind. Find out what protections you should have in place before any contact is agreed on. Find out what help with legal costs you may be entitled to if he does take you to court for access. Find out what kind of outcomes are possible/probable for your specific situation.

Allpenguinsarepingus · 09/02/2022 11:29

Ah I just found your previous thread.
FFS. I’m sorry you’ve been put in this awful situation OP. Your ex is completely irrational and is completely disregarding everyone else and their needs and feelings and is only considering his need to feel righteous.

BlondeWidow · 09/02/2022 11:51

Sounds Like he's totally misunderstood the term 'Parental Responsibility' and taken it to me 'sole responsibility!' Grin

What a clown. I would just do nothing OP! Don't worry about it and get on with your life. Block him, and continue as normal

Edinburghgirl2 · 20/01/2023 15:30

Hi, I know this is an old thread but I'm in a similar situation so was just wondering what the outcome was.

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