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Disputing DNA results

2

Comments

  • cw2007
    cw2007 Posts: 6 Forumite
    DUTR wrote: »
    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 :lol:
    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:

    Thank you I agree its disgusting behaviour, i feel for the child in the middle of all this and I think the mother should be contacting the other 2 potential fathers and getting them tested, before disputing any results. Ive done my test and at £500 a pop its not cheap.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    cw2007 wrote: »
    Thank you I agree its disgusting behaviour, i feel for the child in the middle of all this and I think the mother should be contacting the other 2 potential fathers and getting them tested, before disputing any results. Ive done my test and at £500 a pop its not cheap.

    Yes luckily the child is not yours to have to worry about it, harsh but fair. There is a thread elsewhere on here of the effects of a child that didn't get to see their father, so some should learn it's not all about money, yes it was just under £200 when I forced the test, although I had no doubts it was my right to exercise the opportunity :A
  • daska
    daska Posts: 6,212 Forumite
    Part of the Furniture Combo Breaker
    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.

    Absolutely right about the costs, it's a nightmare, the judge orders and you have to work out how to afford to do what is ordered! The courts like people who make the effort to sort it out. Hence my suggestion of sending the information back with the court papers. If you can enclose a copy of a letter to her solicitor offering to sort it out then it makes her case look less reasonable. The Clerk will review the file before the hearing and if you've already covered that aspect it's more likely that it'll be in the briefing s/he give the Judge.
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  • AnxiousMum
    AnxiousMum Posts: 2,709 Forumite
    Part of the Furniture Combo Breaker
    Can you counter claim on this? If so, I would definitely go talk to a CAB officer and counterclaim claiming harassment from her. You have done the test, provided the evidence, she doesn't like the outcome. You are obviously the 'better choice' of the three possible dads - take it as a compliment.... :) But see if you can file (it'll cost you about £75 but well worth it if the court slaps an injunction on her) for harassment in a counterclaim, and claim for costs as well. This will likely get her to pull the plug on the case.
  • shell_542
    shell_542 Posts: 1,333 Forumite
    I would let her take you to court. The reason the CSA use Cellmark for DNA tests is because they are a reputable company whose testing procedures are water tight and the results hold up in court. If the CSA use the results as "word of god" and any court goes along with her claims of disputing the test results, then there are many NRPs who have had tests done by Cellmark through the CSA who could start kicking up a fuss.

    She really is pushing her luck.
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  • shell_542
    shell_542 Posts: 1,333 Forumite
    If the letters spelt the child's name incorrectly, are you sure they aren't fake? lol
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  • Soubrette
    Soubrette Posts: 4,118 Forumite
    My ex managed to spell his own daughter's name wrong in the divorce proceedings so not necessarily fake shell but definitely suspect.

    cw2007, send back all the evidence you have - can you phone cellnet and explain the situation? Perhaps they would be more helpful over the phone?

    I hope it's all sorted and along with others on this thread - that poor child, what do some PWCs think? :(

    Sou
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Soubrette wrote: »
    My ex managed to spell his own daughter's name wrong in the divorce proceedings so not necessarily fake shell but definitely suspect.

    cw2007, send back all the evidence you have - can you phone cellnet and explain the situation? Perhaps they would be more helpful over the phone?

    I hope it's all sorted and along with others on this thread - that poor child, what do some PWCs think? :(

    Sou

    Cellnet are now known as O2, either way they won't have much interest in the case :o
  • Kimitatsu
    Kimitatsu Posts: 3,889 Forumite
    1,000 Posts Combo Breaker
    cw2007 wrote: »
    The CSA accepted the results and refunded any maintenance paid plus the cost of the test,
    Thank you for your reply.

    I would be amazed if it even got as far as being lodged as a fully fledged case then - send the solicitor copies of the test and the CSA paperwork accepting the results and let them fill their boots.

    The courts will accept the CSA judgement in the majority of cases such as this so I really dont think you have too much to worry about. :D
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  • WhiteHorse
    WhiteHorse Posts: 2,492 Forumite
    shell_542 wrote: »
    If the letters spelt the child's name incorrectly, are you sure they aren't fake? lol
    I wondered too. Perhaps a telephone call to check.

    That said, the standard of literacy is now very low. I have had letters supposedly from solicitors (but actually penned and signed pp by some teenage spamhead), full of spelling mistakes, grammatical errors etc.
    "Never underestimate the mindless force of a government bureaucracy
    seeking to expand its power, dominion and budget"
    Jay Stanley, American Civil Liberties Union.
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