Disputing DNA results

cw2007

I will try to make it as brief as possible so you dont get bored reading this but if anyone has any advice I would be most grateful;

Two years ago an ex-partner named me to the CSA as the father of her child, after long battle and the CSA and the CSA not sending me the DNA testing info although I had repeatedly requested it, they presumed parentage saying I had refused a DNA test and began taking large amounts of maintenance from my wages every week we finally managed to get a private DNA test which we did through Cellmark hoping that if we went with a reputable and csa/court approved company and paid a large sum of money it would put an end to all the harrassment we had suffered from her and we would all know the truth. We recieved the results from the test in June 2009 which clearly stated that I was not the biological father of her child. Since then I have been accussed of sending someone else to do the test for me (impossible as I took my ID as specified and the test was taken by my GP) then she changed her story to say her GP could not have taken the tests correctly, I spoke to Cellmark about this who assured me that they would have known if the samples had been incorrectly taken, mothers and daughter had been mixed up or if they had been tampered with, Cellmark assured me that if the results were negative then they were 100% negative....I was not the father of this child. Also the mother signed to say that she was happy with the way the doctor had carried out the DNA sampling.

Within the last month we have recieved two solicitors letters asking us to do another DNA test which we have ignored, as far as we are concerned it is over and me and my family are only just getting over the financial and emotional mess she left us in. Now knnowing full well we cannot afford a solicior she has told us that she is making an application to the court for a declaration of parentage on the basis that she is disputing the DNA results. we are fully aware that she has not contacted either of the other two potential fathers and asked them for a DNA test, where do we stand should an application be made to the court? Is it likely to be heard. We have a copy of our DNA results form Cellmark which we are happy to provide. Is it likely we will have to go through all the DNA testing again. My fiance and myself are just trying to move on with our lives. We believe she has waited till now to dispute the results as she is aware Cellmark only keep there records for 1 year after which they are destroyed and there is no evidence as to who attended the testing and signatures etc, I have contacted Cellmark twice to ask for copies of all documentation but have not yet recieved a reply.

Basically we have had nothing but harrassment from this person for the last three years and have about had enough, if anyone knows if she can do this or knows what I can do please help.

Many Thanks

Kimitatsu

Who are the solicitors letters from? Are they from the CSA? If not then why do you need to respond - let her take you to court, provide them with all of the evidence that you have and let Cellmark respond as to their proceedures.

If it is from the CSA then just take the test that way there are no issues at all. She is rattling your cage if I am being honest, you know everything has been done properly so if the CSA has accepted the DNA test already I think she is grasping at straws.

Dependant on your income and assets you may be able to get legal aid, failing that many solicitors will do a free 30 minute appointment (check that they are a family law specialist first though)

cw2007

The CSA accepted the results and refunded any maintenance paid plus the cost of the test, however she has gone to a solicitor as she is disputing the results however the letters are not very professional though and cannot spell her dauhters name correctly so not a very good client relationship

I think you may be right that she is clutching at straws just that we have quite had enough of it all now, she has put me and my family through so much both financially and emotionally. We just wondered if the court would even hear it? Cant believe myself that a solicitor has taken the case on as she is a single mum working part time and most probably entitled to legal aid and exempt from court costs too. We on the other had are not entitled to legal aid and in this current climate just about managing to live.

Thank you for your reply.

daska

Is it her solicitors? Are they writing to you on the basis of disputing the results or solely on the basis of asking you to do a DNA test? Is it possible that she hasn't mentioned the original test to them? (DSD's mum applied last year for a variation order and hadn't mentioned various pertinent facts to her solicitor - when we rang and filled him in on her applying against an out of date order the silence was deafening!) If they haven't mentioned the previous test then I would respond with copy of the test results.

cw2007

Yes it is her solicitors, however when we did the DNA test a year ago she was with a different solicitor, the letter is saying both that she wants another DNA test and also that she is in dispute of the results. It wouldnt suprise me though if she is bendng the truth as I just cant see how a solicitor can take on a case where court approved dna test has already been done let alone threaten us with an application for declaration of parentage through the courts if we will not do one. Also the letters have been going to the wrong address so as ar as we are concerned we havnt had them but if it goes to court its more serious and I dont want the court to think we have something to hide if we dont turn up.

shaven-monkey

cw2007 wrote: »

The CSA accepted the results and refunded any maintenance paid plus the cost of the test, however she has gone to a solicitor as she is disputing the results however the letters are not very professional though and cannot spell her daughters name correctly so not a very good client relationship

I think you may be right that she is clutching at straws just that we have quite had enough of it all now, she has put me and my family through so much both financially and emotionally. We just wondered if the court would even hear it? Cant believe myself that a solicitor has taken the case on as she is a single mum working part time and most probably entitled to legal aid and exempt from court costs too. We on the other had are not entitled to legal aid and in this current climate just about managing to live.

---

Basically we have had nothing but harrassment from this person for the last three years and have about had enough, if anyone knows if she can do this or knows what I can do please help.
Thank you for your reply.

It is highly unlikely she'll take this to court, wasting court time can have unpleasant consequences.

Either ignore it or do some research on the solicitor the letter claims to be from.
If the CSA accepted the results of the DNA test then it is possible that they can also provide testimony to that effect.
Talk to a solicitor for a free consultation about harassment and whether this constitutes harassment. Ask them how much they would charge for a letter to the mother's solicitor detailing the consequences of continued harassment if they think it would apply.
http://en.wikipedia.org/wiki/Protection_from_Harassment_Act_1997
If applicable then a £5k fine or 6 months inside should put an end to the problem.

Alternatively accept the demand for another DNA test on the condition that unconnected witnesses are present for the sampling proceedure, full copies of the results are provided to all parties and that any expenses incurred should be paid by her. Then get medieval on her with a restraining order and damages for emotional distress and anxiety.

DUTR

cw2007 wrote: »

I will try to make it as brief as possible so you dont get bored reading this but if anyone has any advice I would be most grateful;

Cellmark assured me that if the results were negative then they were 100% negative....I was not the father of this child. Also the mother signed to say that she was happy with the way the doctor had carried out the DNA sampling.

Within the last month we have recieved two solicitors letters asking us to do another DNA test which we have ignored, as far as we are concerned it is over and me and my family are only just getting over the financial and emotional mess she left us in. Now knnowing full well we cannot afford a solicior she has told us that she is making an application to the court for a declaration of parentage on the basis that she is disputing the DNA results. we are fully aware that she has not contacted either of the other two potential fathers and asked them for a DNA test, where do we stand should an application be made to the court? Is it likely to be heard. We have a copy of our DNA results form Cellmark which we are happy to provide. Is it likely we will have to go through all the DNA testing again. My fiance and myself are just trying to move on with our lives. We believe she has waited till now to dispute the results as she is aware Cellmark only keep there records for 1 year after which they are destroyed and there is no evidence as to who attended the testing and signatures etc, I have contacted Cellmark twice to ask for copies of all documentation but have not yet recieved a reply.

Basically we have had nothing but harrassment from this person for the last three years and have about had enough, if anyone knows if she can do this or knows what I can do please help.

Many Thanks

Not sure why you are asking on a forum, unless the whole saga is not being told, as you know from the dna results the child will have a dna pattern and some of it will match the mother's, what does not match will be matching the father, whilst it cannot be proven 100% that you are the biological father, it won't be 100% negative either, but the percentages is enough for conclusion, it won't be up to the PWC to demand a retest, she will have to take you to court, however I would not worry about it, it will be an ideal opportunity to show her up publicly for the character she is. You have the DNA results, so she will be laughed out of court.

cw2007

DUTR - meerly asking for advice as I was unsure if she could actually do what she is doing or not? The DNA testing company said that as the results were negative this excluded me from paternity there actual words being '100% negative'. Now I have had some answers I think I will go get this free half hour and see what they say. Thanks for your reply.

daska

Sounds like she's bending the truth a bit then!

Call their bluff. Send them a quote for a test offering to be retested (with both her and independent witnesses) on condition that she deposits the cost of the test with the solicitor to be paid to you when the original result is proved correct.

If they apply to the court then you should be notified of the date of the hearing and sent various bits of paperwork to fill in and return. Check them very carefully for any anomalies then respond stating that you

• are unable to afford legal representation
• have already undergone testing which the CSA accepted as proof that you are not the father
• have offered to be retested and to pay for the test if it turns out that you are the father
• believe that there are two other men who could potentially be the child's father.
• believe it is in the child's interests to have this resolved quickly
• are happy to undertake another test in order to achieve this

Then request that the cost of any test ordered by the court is paid by the applicant if the previous result is confirmed, on the basis that you have already paid for one test and are still working to resolve the financial hardship caused by the claim made through the CSA.

Enclose a copy of the test results and whatever correspondence you have from the CSA accepting the proof.

This won't stop the case being heard because the Judge would still have to hear it in order to stop the process on the basis of the application having 'no merit' (hope that makes sense), but it does mean that the Judge will be in possession of the pertinent facts before entering the courtroom and that you will be seen to be being fair and helpful.

Courts don't take kindly to malicious accusations, they respond best to people to obviously want to get the situation sorted out. In our case the court ordered that DSDs mum undertake a hair strand test without either party attending the hearing. She then cancelled the next hearing because her legal aid certificate had been withdrawn but we attended and they again ordered her to have the test done and to turn up regardless. We have had to work hard at not laughing on occasion as judges have reprimanded her barristers for allowing her to continue...

clearingout

Having been through a dna debacle with my now ex-husband, and assuming that you are telling the whole story here, I say let her take you to court. You don't need a solicitor - this is pretty clear cut - and the courts are more than reasonable at dealing with this kind of situation. If you get a solicitor, you might, if you're very lucky, find that a kind judge assigns your costs to your ex but you can't rely on that (it doesn't happen often and then you have to get the money out of her) so just self-rep.

In my case, my ex denied he was the father of our baby to anyone who would listen to him, including the CSA. He then declined to do a DNA test when offered but when in court on issues relating to the residency of our other children, his solicitor suddenly pipes up that there is 'doubt' over the paternity of no.3 saying (this is the best bit) that I had said it wasn't his baby and he just wanted to make sure!!!! My solicitor and I simulataneously sighed, loudly, and rolled our eyes (this is all coming from a man who had been sleeping with another woman for the last 2 years of our marriage and slept with me without using contraception just 4 days before he left me and wonders what the hell happened!). Judge took a hold of the csa paperwork (which thankfully I had with me) which clearly stated that he had refused to take a dna test, took his turn to roll his eyes and told the ex he'd had his chance and wouldn't be ordering any testing of that nature. He then turned to me and smiled. Ex's face was a picture.

I wouldn't care, but baby is the image of the other two and the image of his father, which his father said the day he first saw him! There's just no pleasing some people, is there?!

Go to court. Worst that can happen is you take a test again which proves what you've been saying all along....

DUTR

cw2007 wrote: »

DUTR - meerly asking for advice as I was unsure if she could actually do what she is doing or not? The DNA testing company said that as the results were negative this excluded me from paternity there actual words being '100% negative'. Now I have had some answers I think I will go get this free half hour and see what they say. Thanks for your reply.

Was not having a dig, to be honest I have hung around here long enough, to know you won't get the full support you deserve (if it was your ex posting that may have been different).
the results are as good as damn it 100% it's easier than saying 99.9999% I suppose.
You wanna see the pic I submitted at the DNA test
Anyways there is assumed paternity and then the dna test, if the dna test shows you are not the biolgical father, then the only hold is assumed paternity eg you were married name on the BC etc, I hope she gets some ovarian disease so that she cannot bear anymore children if that is the way she is going to carry on....absolutely disgusting behaviour :eek: