Compulsory Paternity Testing?

dinofabio

Hi All



This is a bit of a long story so please bear with me.

My sister was working for a company when she began a relationship with one of the directors. She is 26 and he is in his mid 40’s.

She had been in the relationship for about 6 months and found she was pregnant. The pregnancy was unplanned.

She discussed the situation with the father and initially he was pleased. They agreed that she should continue to live in her own flat after the birth and he would fully support her financially. I should point out that he is a quite a wealthy man, he owns a 50% share in a successful company, lives in a country house with land, and leads a very nice lifestyle. He is not short of money.

Not long after the birth of her son, she mentioned that the fathers name was not on the birth certificate at his request. His reasoning was that he didn’t want ‘the authorities’ involved, and anyway, he would make sure she would never go short. And to start with he was true to his word. He gave her £250 per week for her and the baby (chicken feed to him!). Payment was always by cash.

After two or three months the problems started. His visiting became infrequent, hardly ever answered calls, and became very argumentative. Six months down the line, and he admitted that he had met someone else. He told her he doesn’t want anything more to do with either her or the baby. His excuse was that he didn’t believe the baby was his and accused her of having an affair behind his back. He even went as far as telling his staff about it, and how she had done the ‘dirty’ on him. He’s very plausible, and he’s got most of them convinced. She is devastated. She is totally loyal and I believe her 100% that he’s the father. He has also stopped the payments.

She asked him to take a DNA test, but of course he refused point blank, because he knows he is the father.

He’s been very clever in that his name does not appear on the birth certificate, he always gave her money for the baby in cash, and has convinced everyone that knew them as a couple that she was cheating behind his back. He has covered his tracks well.

At the moment, she has enough money to survive for 2/3 months before she has to think about claiming benefits, but why should she? He is a wealthy man and he should not be able to get away with this. I think it’s disgusting that he thinks he can walk away from his obligations.

So my question is: Can he be forced into taking a DNA test against his wishes to prove paternity? If she got the CSA involved could they force him to do it?

I’d appreciate any thoughts.

Spendnsave2010

Hi as far as i know if the father denies he is the father csa will tell him he has to do one to prove it otherwise they will make him pay for the child as he has to prove he isnt the father if they ask him for money, he will also have to pay for the dna test i think

dseventy

She just needs to go the CSA.

I think she has been naive by not having him on the birth certificate.

But go to the CSa, if he disputes parternity the CSA can force the issue.

D70

dinofabio

dseventy wrote: »

She just needs to go the CSA.

I think she has been naive by not having him on the birth certificate.

But go to the CSa, if he disputes parternity the CSA can force the issue.

D70

I agree she was naive, and she now realises that too.

I can't see him willingly cooperating with the CSA, so unless the tie him down (literally) he won't be giving them a DNA sample anytime soon!

So I take it that the CSA will take the default position on this - i.e If you won't give a sample then you must be the father? Is that definitely the case?

starchild1972

The CSA won't force a paternity test, but the court can. She would have to take him to court and get a court judgement for it. If he still refuses then he would be in contempt of court. THe court also has a list of specified DNA testing companies and a list of Drs who will witness the mouth swab. YOU ARE NOT ALLOWED TO HAVE IT WITNESSED BY YOUR OWN GP..

kingfisherblue

If he doesn't co-operate with the CSA, then he will start to build up arrears which will have to be paid, assuming the DNA test determines that he is the father. Arrears start to accumulate from when the case is opened, which I think is the first time they contact him.

You might want to post on the Child Support board for more specific information.

DX2

dinofabio wrote: »

So my question is: Can he be forced into taking a DNA test against his wishes to prove paternity? If she got the CSA involved could they force him to do it?

I’d appreciate any thoughts.

He can't be forced no, but if he refuses the CSA will see this as a declaration of parentage and he will have to pay child support.

If he thinks he really isn't the father then the best way for him to prove it is via a DNA test, certainly what any normal bloke would do if they thought they weren't the father of a child

zagfles

dinofabio wrote: »

I agree she was naive, and she now realises that too.

I can't see him willingly cooperating with the CSA, so unless the tie him down (literally) he won't be giving them a DNA sample anytime soon!

So I take it that the CSA will take the default position on this - i.e If you won't give a sample then you must be the father? Is that definitely the case?

Unless things have changed recently, the default position is that the man is lying and he has to prove himself innocent. Happened to a friend of mine a few years ago - some woman he had a brief fling with claimed her child was his - he knew it wasn't as he'd had a vascectomy AND used a condom. She claimed there was no-one else. The CSA told him he'd have to prove himself innocent by paying for a DNA test otherwise they's force him to pay maintenance. So he did pay for one and it did prove him innocent. I think he got the money refunded (probably by the taxpayer rather the lying woman).

DX2

dseventy wrote: »

She just needs to go the CSA.

I think she has been naive by not having him on the birth certificate.

But go to the CSa, if he disputes parternity the CSA can force the issue.

D70

There really is nothing naive about not having him on the birth certificate, the CSA don't need the birth certificate details to progress with a case.

DX2

starchild1972 wrote: »

The CSA won't force a paternity test, but the court can. She would have to take him to court and get a court judgement for it. If he still refuses then he would be in contempt of court. THe court also has a list of specified DNA testing companies and a list of Drs who will witness the mouth swab. YOU ARE NOT ALLOWED TO HAVE IT WITNESSED BY YOUR OWN GP..

This is wrong.
If the father refuses a DNA test then the CSA will assume parentage.

DX2

http://www.csa.gov.uk/en/case/dispute-process.asp