DNA test CSA ex fiancé ignoring

[Marvelfan300]

Writing for a friend :—————

advice please I’m 29 year old male who has a DD with a previous relationship. Many moons ago she did cheat on me, an affair behind my back that later came out was multiple men… (found this out only a week ago.) now I have my DD daily not overnight as I do nightshifts but regular contact. I’ve always disputed if my DD was mine but I never wanted the heartbreak for myself nor my child. Now my ex fiancé took me to CSA 18months ago we were in a private agreement with no issues of £450 a month now taken me to CSA and gets £90 a month I still give extra because I don’t want DD going short so I put the remaining into her account like a child’s savers. Anyway I have requested a dna somethings been eating me for a long time and if DD is or isn’t I’ll always want to be there for her, her mum has stated I cannot have her now as this is absolute rubbish and she also stated she’s changing our DD last name? She recieved the DNA request and she has chosen to ignore it - where do I stand in this? Has anyone else gone through this?

Don't delude yourself mate, get a proper DNA test. You absolutely must find out for sure.

She cannot change the surname unless all with parental responsibility agree. That's one thing to consider, assuming the guy does have PR (which, I think, applies from a certain year if on the birth certificate).

What do you think OP? It’s hard to have a discussion with someone who is actually on the thread.

You can request DNA testing through CSA (or CMS as now called). Is that what you/he did?
Child Maintenance Service: Disagreements about parentage - GOV.UK

He’s requested the DNA from CSA but she’s ignored it and times up. She has told him that she’s not accepting it and his daughter has told him at school she has gone with a preferred name and has had her last name changed from his to his mums surname legal documents I believe are the same but school apparently can go by what if preferred? (Which is what was explained to him by the school.) it’s more where does he go from here as it says CSA can just say he is the dad without her accepting the test as he’s on the birth certificate? They also won’t accept a private DNA

Sadly if the mother refuses, the CSA tend to not do anything these days. In the past they used to stop claims and infer you are not the father. But if someone is on the birth certificate as a default they assume he is the father, and would keep assuming that if he declined a DNA test. Double standards, perhaps.

Whilst a private DNA test wouldn't be legally binding, it would indicate if it's worth going down the formal route, so do consider that if there's enough contact to do so.

Next steps would probably be better with legal advice and a solicitor.

On parentage you would need to apply for a Declaration of Parentage through the Family Court.

If access/contact arrangements are being changed, then that needs a court application for a Child Arrangements Order. (or use Form C100). Mediation may be recommended first though.

So, searching for a good local Family Law solicitor may be easiest as a first step.

Also you (or a solicitor) could write a formal letter to the school's Headteacher. State clearly that you have PR, you do not consent to a name change, and request that the child be referred to by her legal surname in all formal documentation and registers. However, do also think (particularly on the name) about the relationship with the child, and how much she wants to do that.

This site might also be useful: Family Law Questions? Ask a Family Law Solicitor for answers ASAP

The CSA may not accept private DNA tests but surely your friend can do one himself for peace of mind?

Also this:

What is a “known as” name?
It is important to recognise the distinction between a child’s legal name and, if applicable, their ”known as” name. A child’s legal name will be the name on their birth certificate, which is used for legal, administrative, and official purposes. A child’s legal name can only be changed via deed poll or through a change of the child’s birth certificate in certain circumstances (see ‘Changing a child’s name via the birth certificate’ below).
Schools and GPs often provide the option to register a ”known as” name in addition to registering the child’s legal name. The legal name will be used on official documentation, i.e. school records, medical records, prescriptions, etc. The "known as" name, on the other hand, could be used on less official documentation, and teachers would address the child by their known as name.

Changing a child's surname - childlawadvice.org.uk

@Marvelfan300 if she ignores the dna test through csa. They will assume he is NOT the father and no payment will need to be made .
However this is more than paying a sum of money . The friend will have to speak to a solicitor and the court will order her to get a test done .
There was a newspaper article recently regarding a women doing this to a man . She went to jail I am sure for lying that her child was the man in question.
Have a quick google search .

I think the answer is obvious that he is not the father and that is why she has not contested anything nor will she agree to proof. I feel for the poor kid but equally your friend. He needs to do a dna for himself and then decide what to do with the information. It wont do anything legally but he may have to rethink a few things.

He cannot get one currently as she’s stopped contact and won’t let him see her until he’s dropped the DNA request.

she said she isn’t going to respond so he can carry on paying as normal, and if he wanted a dna he should of thought about that ages ago too late now… I think it will just have to go to court