2nd DNA test, Mother pulled out of 1st

woody27

Could really do with some advise.
My husband may be father to his ex's child, who is now 3. When child was born she said she my husband wasn't the dad and that was all we heard for a while.
Then a few months down the line, She got in touch saying he was the dad. (she'd split up with her partner) My husband said ok I'll be there for the child but want a DNA test considering she'd said he wasn't the father. Didn't hear anything afterwards for a while.
Then she started sending abusive msg's to me and my husband. So we said, Unless it has anything to do with the child, then we don't wanna know. We'd contact police about harrassment if she continued.

3months later we get a call from CSA asking questions. My husband said he'd do DNA test and we paid upfront £187 for it.
He had time off work etc, did all that was asked and had swabs taken.
Still waiting 3 weeks later, So we contacted CSA who said, She'd pulled out and didn't take her son for DNA etc. So case CLOSED.

Another 2 months later, we get another call from CSA, She's opened a new claim and we have to do same process all over again.

I don't think it's fair she's messing about like this. Fair enough if my husband is the father we'll support, but surely it's wrong to change mind constantly over who the father is!

How many times is she allowed to open and close cases with CSA? We want this sorted one way or another.... Please Help!!

kevin137

I would raise it with your MP and see what he can do, there may well already be a policy in place for just this scenario, BUT the CSA are unlikely to tell you exactly what the rules are, as it is in there best interest to collect money from you, if you involve your MP then they have to play by the rules...

As i understood it, once she has denied a DNA, and refusal is exactly that, then the case should be closed and remain closed...!

You didn't mention if you got a refund of the sum you paid for the DNA test. Did you get the money back with no problems...? If you had to have an argument about it i would be reluctant to pay again for the same thing to happen....!

woody27

kevin137 wrote: »

I would raise it with your MP and see what he can do, there may well already be a policy in place for just this scenario, BUT the CSA are unlikely to tell you exactly what the rules are, as it is in there best interest to collect money from you, if you involve your MP then they have to play by the rules...

As i understood it, once she has denied a DNA, and refusal is exactly that, then the case should be closed and remain closed...!

You didn't mention if you got a refund of the sum you paid for the DNA test. Did you get the money back with no problems...? If you had to have an argument about it i would be reluctant to pay again for the same thing to happen....!

They are so hard to deal with at the best of times. I never thought of MP, I'll give it a try.
We did get refunded for actual DNA cost, simply due to the fact we paid the company "Cellmark" not "CSA" directly. They said DNA would be stored on file for 6months. It's still within that timescale too. However they don't take into consideration loss of earning, times & transport, plus the hassle of getting passport photographs etc. Little things i know; but they mount up.

clearingout

I'm with Kevin on this - once a DNA is denied (for whatever reason) that's supposed to be the end of it. I was told by a staff member that 'we're not a DNA testing agency' (my ex demanded a test on our youngest then failed to complete the paperwork). It is perhaps possible to get round things by opening what is effectively a new case? Have you discussed with the CSA what happened last time? I suspect the only way forward is to agree to the test, pay the money and off you go again....fingers crossed this time she goes through with it. It would be in the child's best interests for the matter to be sorted once and for all.

I would personally avoid your MP on this 'round' of testing. But if it comes to a third go, you should get some support as she shouldn't be allowed to keep doing it. Can you keep us updated? I am interested in the outcome in terms of whether or not you end up having to do the test because I suspect at some point, my ex's denial of paternity will come back to bite us.

woody27

clearingout wrote: »

I'm with Kevin on this - once a DNA is denied (for whatever reason) that's supposed to be the end of it. I was told by a staff member that 'we're not a DNA testing agency' (my ex demanded a test on our youngest then failed to complete the paperwork). It is perhaps possible to get round things by opening what is effectively a new case? Have you discussed with the CSA what happened last time? I suspect the only way forward is to agree to the test, pay the money and off you go again....fingers crossed this time she goes through with it. It would be in the child's best interests for the matter to be sorted once and for all.

I would personally avoid your MP on this 'round' of testing. But if it comes to a third go, you should get some support as she shouldn't be allowed to keep doing it. Can you keep us updated? I am interested in the outcome in terms of whether or not you end up having to do the test because I suspect at some point, my ex's denial of paternity will come back to bite us.

I will indeed keep you posted. It's so frustrating. We have 2 children to look out for aswell. CSA were saying we needed to keep back £47 per week until DNA results were back, So that then it could all be backpayed in a lump sum, Otherwise they'd take 50% of my husbands earnings, straight from wage. This day can barely afford thing with 100% never mind 50%
I believe it's going to be a long battle again. I just wish she'd make up her mind. That or the CSA use their common sense, Why did she pull out in the first place?
They don't like giving out information. Very particular about what they say too, As if they're trying to catch us out. I don't understand thou, the reason to talk down to my husband as if he's in the wrong. From day 1 he's been complient.
It seems it's one rule for one and then something else for another. Would be useful if they had black & white t&c's for confused accused.

pd001

woody27 wrote: »

I will indeed keep you posted. It's so frustrating. We have 2 children to look out for aswell. CSA were saying we needed to keep back £47 per week until DNA results were back, So that then it could all be backpayed in a lump sum, Otherwise they'd take 50% of my husbands earnings, straight from wage. This day can barely afford thing with 100% never mind 50%
As far as i am aware the csa can only take a maximum of 40% of a persons net take home pay when deducting payments by deo.


I believe it's going to be a long battle again. I just wish she'd make up her mind. That or the CSA use their common sense, Why did she pull out in the first place?
They don't like giving out information. Very particular about what they say too, As if they're trying to catch us out. I don't understand thou, the reason to talk down to my husband as if he's in the wrong. From day 1 he's been complient.
It seems it's one rule for one and then something else for another. Would be useful if they had black & white t&c's for confused accused.
In view of what has been going on in your csa case i would only ever deal with them in writing and never over the phone.
You may find that having a paper trail is beneficial as your complicated case progresses

woody27

I will keep everything in writing now and sent recorded delivery.

Is there anywhere I can find out how many times she's allowed to open a new case?

clearingout

I suspect she'll be allowed to do it as many times as she wants....but that will be where your MP comes in as she needs to make her mind up with the DNA testing. If she's pulled out once, I would suggest that there is 'doubt' which she doesn't want to confront. On the other hand, I went sky high when my ex demanded a test and if it hadn't been for the support of good friends, I might well have told him where to go with it (and there is no doubt at all in our situation!).

It shouldn't be a long battle as far as the CSA are concerned - once the test is done and you know the child is his, you'll need to start paying. Have you made it clear that there are children living with you as there is a deduction for that? You may well, of course, have issues with contact but that's done the line and something to worry about when it happens.

PreludeForTimeFeelers

I think that she can keep opening and closing cases until the DNA test is carried out by all three people - at this point it will show that the child is either his or not, and things can progress accordingly.

romanempire

PreludeForTimeFeelers wrote: »

I think that she can keep opening and closing cases until the DNA test is carried out

If that is the case its nice to see such a fair and even-handed approach - not.

NRP (normally) only gets one go, right at the start of the case, to contest paternity. Why should a PWC be allowed multiple goes, especially if its against the same person? More evidence that the rationale underpinning the CSA is fundamentally flawed.

R.

clearingout

romanempire wrote: »

If that is the case its nice to see such a fair and even-handed approach - not.

NRP (normally) only gets one go, right at the start of the case, to contest paternity. Why should a PWC be allowed multiple goes, especially if its against the same person? More evidence that the rationale underpinning the CSA is fundamentally flawed.

R.

because ultimately, it's about the child receiving financial support from their NRP. The CSA shouldn't really be standing in the way of that, regardless of how daft the mother might be in deciding whether she's going to risk opening that can of worms by having the test.

and I'm not convinced that an NRP only gets one go - on paper, yes. But how does that pan out in reality? I can't speak from experience as my ex's opportunity was taken away the minute he didn't complete the paperwork but I am not convinced that we won't have to do that test at some point in the future with the CSA's backing. Call it a feeling...!