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birth certificate and dna test help

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  • Marisco
    Marisco Posts: 42,036 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I can understand why being asked for a DNA test could hurt/annoy a PWC, but I'd always advise them them to go for it to prove themselves.
    All paternity testing cases get referred to Complex.

    I agree. What would happen if the NRP is willing, and the PWC refuses? Will he still be liable to pay CSA, or would they take the refusal as the PWC having something to "hide", i.e that they weren't his, and refuse his liability? And if the NRP is not liable without a DNA, then isn't it in the PWC's interests to go for it, no matter how annoyed she is?
  • dt3887
    dt3887 Posts: 275 Forumite
    edited 11 July 2012 at 2:06PM
    Marisco wrote: »
    I agree. What would happen if the NRP is willing, and the PWC refuses? Will he still be liable to pay CSA, or would they take the refusal as the PWC having something to "hide", i.e that they weren't his, and refuse his liability? And if the NRP is not liable without a DNA, then isn't it in the PWC's interests to go for it, no matter how annoyed she is?

    took this from the csa website
    DNA testing
    One of the ways the CSA can sort out a disagreement about parentage is by DNA testing.
    If a person named as the parent of a child refuses to take a DNA test, the CSA will presume they are the child's parent. When this happens they will have to pay child maintenance.
    If a parent with care refuses to take a DNA test, the CSA will close the case. [/QUOTE]
  • kevin137
    kevin137 Posts: 1,509 Forumite
    dt3887 wrote: »
    If a parent with care refuses to take a DNA test, the CSA will close the case

    What it doesn't say though, is that if an NRP refuses, he is deemed the parent for LIFE...! But if a PWC refuses, then the case is closed and can be applied for again, and again and again...!!!

    Meaning a very one sided system towards women/PWC.

    There is nothing a man/NRP can do about this, but keep going through the same ritual every time a PWC applies, and it can happen.

    So a vicious, vindictive PWC, could in fact use the CSA continuously to harass an NRP and in LAW there is nothing you could ever do about it...!
  • Strapped
    Strapped Posts: 8,158 Forumite
    it's true Marisco, once there is doubt there is little choice but to have a DNA test and be done with it.

    I disagree. There is doubt over the parentage of my husband's eldest (wife left him for someone else for a time, then came back & said let's make up & have a baby and lo and behold baby arrived *ahem* promptly) and he did consider asking for a DNA test, but the benefits of doing so (peace of mind) did not outweigh the downsides for him (child later finding out that he had, effectively, denied parentage, OR - worst case - finding out that child was not biologically his, and losing contact).

    Ironically, as he has found out the hard way, contact can be hard to keep anyway. :(
    They deem him their worst enemy who tells them the truth. -- Plato
  • dt3887
    dt3887 Posts: 275 Forumite
    just a little update for you lot.
    spoke to the csa again yesterday to find out where we were, and the "helpfull" lady told me that she cannot see why i have been contacted, they have not been contacted by my ex, the private arangement is still in place, and dna has not been requested.......... but an personal advisor has been assigned...? left foot definately doesnt know what the right is doing
  • clearingout
    clearingout Posts: 3,290 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    dt3887 wrote: »
    HI ilovefreebies.

    originally a case was put to the csa 2 years ago, but me and the ex decided to do it privately as i had agreed to give her more than the csa wanted, which has now obviously stopped.



    it is people like this who actually do enrage me. if you had nothing to hide then you would have no resason to tell him to f off IMHO!!! what gives the mother the right to refuse the father that peace of mind and clarity, regardless of how nice a person he is or isnt.
    Plus, how do you think it would look to the father if paternity is refused? Its attitudes like this that cause sh*t loads more bother than is neccesary... *phones up fathers for justice* lol

    rant over.... for now

    well, my case has been passed to the complex case team or something like that because she is being obstructive.

    rant aside, I think you have to understand that DNA testing is used by some NRPs as a means by which to beat the PWC over the head with a big stick (or that was how it felt anyway!). My ex had no doubt whatsoever as regards the paternity of our child - but what he had done was play a stupid game of telling people that it was me who'd had an affair for years and years and that he had only had an affair as revenge/a means of getting away from me. If he was going to keep up that game, particularly in front of his girlfriend, he needed a DNA test. Why on earth should I have to go thorugh that indignity to keep his girlfriend happy?! Fortunately, I am capable of seeing the bigger picture and didn't tell him where to go with it (as that would only serve to prove him right in front of all those people he had been trying to convince he was some kind of long suffering saint) but believe me, it was very tempting!
  • dt3887
    dt3887 Posts: 275 Forumite
    sorry not been any more updates.
    been a lot of bollox from CSA, telling me one thing then the other. but finally, the tests are in place. i do mine tomorow.

    the advisor i spoke to said she initially refused the tests, but when he told her that he had the power to, and would be closing the case that day if she refused, she changed her mind.
  • kevin137
    kevin137 Posts: 1,509 Forumite
    Good luck and let us all know how it turns out...

    Hope it goes the way you want...!
  • mummyjonno
    mummyjonno Posts: 72 Forumite
    edited 20 August 2012 at 10:33PM
    dt3887 wrote: »
    *duplicated from another forum area*

    Hi,

    i am in dire need of some advice, ideally from someone who actually has the correct knowledge, and not a troll.

    basically, my ex wife has terminated all contact i have with the kids after i told her that i have been told by several people that she cheated on me while she was in hollidays (the same time First child was concieved), and again when i was away with work for 2 weeks (round about the same time as the second child was concieved).
    Since then she has, like i said, cut off all access, and will not let me even speak to the children - i recieved a text sayin "why dont you just f**k off, we do not want anything to do with you or your money". at the time we had a private payment arragement in place, which she then started to refuse the payments by putting the money back into my bank account with the reference "dont want it".

    last week i recieved a letter from the csa - 3 months after she started refusing the payments. she has told them that it was me who cut all contact and told her to f off, and told them i was demanding the money back.
    i have told csa i am more than happy to make the payment through them, as long as a dna test is performed.
    when i spoke to csa yesterday, they told me that she "isnt very keen" on doing a dna test, and if i want to get it done, i will have to go through the courts to get my name removed from the birth certificates and then have the tests done under reasonable doubt rules.

    what im trying to find out, is if anyone has had this before, how long it takes, and how much it costs?

    thanks

    dave

    I know you've probably rectified this issue by now but I'm going to write this anyways.

    I had this issue myself when I went to CSA for my son. They informed me that if he asked for a DNA test I would either have to comply and prove my son was his or I'd not get any CSA. It turned out I agreed obviously, he didn't show up 5 times so they assumed parentage.

    She won't get a penny from you unless she agree's to one. If she wants to be a pain in the !!! and say no well she's just going to have to struggle without any form of child support.

    Also just to add to this I met my now husband while pregnant with my son. He has been his father the past almost 5 years, his name is on his BC (some will disagree with this but it's just the way it is) my ex still has to pay child support even with this. They ummed and arred about it in the beginning but when they finally realized my ex was playing a game to delay things they soon saw my reasoning. Good luck for your test tomorrow.

    Hope you got it sorted x
  • dt3887
    dt3887 Posts: 275 Forumite
    cheers guys and gals. 2 hourse to go until its time........ starting to poo about it now
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