Paternity doubts - advice needed please.

Scarlett1

abijanzo wrote:

Has anyone any experience of this?

We would particularly like to know where we would stand legally/ with CSA etc as to whether a negative paternity result would mean exemption from payment or legal problems with access

If this sounds to anyone like a cold hearted financial question then please refrain from moral judgement - we are not looking to be judged on our relationship or motives towards DS. Perhaps only other fathers who have been in a similar situation would understand.

We can make our own minds up regarding the emotional/moral side please only answer in relation to practicalities and finance if you cant be non judgemental.

Thanks.

If the child isnt your partner's then he wont have to pay the CSA, and he could probably claim back the maintenace he has already paid if it was proved, I would say though that not all children have to look like their parents and I wouldnt listen to hearsay, some guys have been known to deny parentage of a child when it boils down to money (not saying it relates to this case).

MissSunshine

I do.

Mr Sunshine was in a relationship when I met him (we worked together) and they had a child. The nature of his work took him away all over the place both UK and overseas and he was under the impression his partner was on the pill.
8 months after the child was born the relationship ended as the partner was resentful that Mr Sunshine still worked away, but he needed too even more so as she didn't want to return to work. They came to an agreement regarding maintenance rather than involving the CSA.

Doubts had always been in his head and we'd even joked at work 'how had he managed it' because he'd been away quite a lot.

Few more months down the line the CSA became involved as the ex partner had applied for income support and the nagging feeling was still there so he decided to do some research into blood groups. Based on what he found he asked the CSA for a DNA test.

They were very non committal about when the test could happen, but did advise that in the meantime they would be expecting him to make maintenance payments which would then be refunded if he was proved not to be the father. Mr Sunshine put the ball in their court by getting a permanent overseas contract, when he came home on his first leave 10 weeks later he went to his doctors, his ex partner and 18 month old child went to hers and 2 weeks later he and his ex got the results from Cellmark.

The results proved in 7 of the 10 tests that Mr Sunshine was not the paternal father and the CSA then had to foot the bill for the DNA test. Had the test confirmed he was the father, then he would've had to pay £400.

His name was also on the birth certificate so he contacted the office where the birth was registered and they advised that his name could not be removed, but on receipt of the dna letter they would add a side note to the entry saying he wasn't the father and would contact the birth mother to advise her also.

Since getting the results almost 7 years ago he hasn't heard a bean from his ex partner.

So OP that's how it happens, but obviously not so easy for your partner given that the child is much older. Don't really know what to advise, for Mr Sunshine even though it proved his ex had strung him along, it was also a huge relief to know the truth rather than always be wondering.

seven-day-weekend

Difficult.

From what you've said, it seems he loves the lad and would want to maintain contact with him.

AFAIK, if he turns out not to be the father, he will have no rights to contact/access at all.

I can understand him wanting to know the truth and if he turns out not to be the father to stop paying to the mother(but save the money for the child), but is this worth the loss of contact??

As I say, difficulat.

I must stress that I have no personal or even second-hand knowledge in these areas.

Good luck whatever you do and I hope it works out OK for your husband and for the boy.

kelloggs36

The problem with the CSA is that if his name is on the birth certificate, then they presume parentage as per the legislation that was passed in 2001. There is no way that you can get a refund as there was no legal agreement - it was a private one. The only way forward is for all to agree to a private DNA test and take it from there. I don't know if there is any legal way to make her comply to your request whereby a Court could order her to do so.

The main issue though is a moral one and only one which you can decide. How would the child feel if he found out that the person whom he thought was the father only loved them enough to have the good bits, but didn't want to pay (if found not to be the biological father)? Being a father involves all aspects of parenting - financial included. Clearly there are cases where only financial support is available but it should be both wherever possible.

Oldernotwiser

abijanzo wrote:

Has anyone any experience of this?

We would particularly like to know where we would stand legally/ with CSA etc as to whether a negative paternity result would mean exemption from payment or legal problems with access

If this sounds to anyone like a cold hearted financial question then please refrain from moral judgement - we are not looking to be judged on our relationship or motives towards DS. Perhaps only other fathers who have been in a similar situation would understand.

We can make our own minds up regarding the emotional/moral side please only answer in relation to practicalities and finance if you cant be non judgemental.

Thanks.

I think that if you Google "Child Support Act 1991" you will find the relevant legislation.
If you post on a forum you must expect people's opinions, whether you like them or not; if you want accurate legal advice consult a solicitor ( but s/he will charge you a fee!).

kelloggs36

Oldernotwiser wrote:

I think that if you Google "Child Support Act 1991" you will find the relevant legislation.
If you post on a forum you must expect people's opinions, whether you like them or not; if you want accurate legal advice consult a solicitor ( but s/he will charge you a fee!).

This won't really help as parentage issues were changed in the Child Support and Pensions Act 2000 passed since that date:

Presumption of parentage in child support cases. 15. - (1) In section 26(2) of the 1991 Act (cases in which the Secretary of State may assume a person to be the parent of a child for the purpose of making a maintenance calculation under that Act), before Case A there shall be inserted-
"Case A1 Where-

(a) the child is habitually resident in England and Wales;
(b) the Secretary of State is satisfied that the alleged parent was married to the child's mother at some time in the period beginning with the conception and ending with the birth of the child; and
(c) the child has not been adopted.

Case A2 Where-

(a) the child is habitually resident in England and Wales;
(b) the alleged parent has been registered as father of the child under section 10 or 10A of the Births and Deaths Registration Act 1953, or in any register kept under section 13 (register of births and still-births) or section 44 (Register of Corrections Etc) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965, or under Article 14 or 18(1)(b)(ii) of the Births and Deaths Registration (Northern Ireland) Order 1976; and (c) the child has not subsequently been adopted.

Case A3 Where the result of a scientific test (within the meaning of section 27A) taken by the alleged parent would be relevant to determining the child's parentage, and the alleged parent-

(a) refuses to take such a test; or
(b) has submitted to such a test, and it shows that there is no reasonable doubt that the alleged parent is a parent of the child."

(2) In that provision, after Case B there shall be inserted-

"Case B1 Where the Secretary of State is satisfied that the alleged parent is a parent of the child in question by virtue of section 27 or 28 of that Act (meaning of "mother" and of "father" respectively)."

So, if you are named on the Birth cert and child is resident in England or Wales, then parentage can be presumed unless it is proven by way of DNA test not to be the case.

Oldernotwiser

Thanks for the correction; late night error!