Complicated dispute story, any ideas?

Louise287_2

My husband had a brief 6 week fling, at the end of which, the woman announced she was 4 months pregnant. In 1995, it was put through a hearing and he was told there was nothing to worry about as dates didn't match at all. In 1999, the case went to court and hubby gave his DNA sample. The mother flattly refused to have her daughter tested so the case was thrown out.

In 2003, the case went back to court and the CSA started deducted money as an enforced attachment of earnings. When we questioned it, we were told that because he hadn't replied to their letters, they were allowed to assume paternity. Unfortunately he couldn't reply to the letters as he was unconcious in intensive care at the time, but this doesn't seem to matter!

We are still having to pay back dated support and arrears despite the case being thrown out and DNA test refusals etc, but can't get any sense out of CSA on how to challenge it. One person said we can't, another talked about going back to court and one said to write a complaint which got nowhere. The CSA say they have no record of court cases or DNA on record and the court don't have any record of the case being heard. Any ideas at all would be appreciated!!!!

kelloggs36

Ask for your data protection file which will show everything they hold regarding the case. You want a copy of your MEF which was completed which will show that parentage was disputed at the time too. If the PWC refused to agree to DNA testing there should have been a declaration of non-parentage made in the Court - has this happened? Has the Court got a record of the proceedings which you can get a copy of?

Louise287_2

I don't think there was a declaration of non-parentage, but can't be certain as the court can't find any records of the case ever being heard, but will look into it and try and find out!

hjb123

Do you know the date of the court hearing? If so then surely the court should be able to pull something up?

Hope that you manage to get something sorted soon. Have you tried speaking to the CAB or even going to your MP?

Louise287_2

Not sure of the exact court date, but can probably find out. CAB said they didn't deal with this kind of thing! Will give MP a try if I don't get anywhere with the courts etc.

kirby1

Louise, try a DNA testing company. Their customer services are likely to help you with what the implications are for the CSA, as they sell the relevant products and deal with paternity all the time.

Vomityspice

In Childcare Law cases there is a simple legal presumption and that is, if you refuse to comply with a request for a DNA sample then this will work against you. This is because a DNA test will conclusively prove paternity and the only real reason for refusal is to avoid certainty. There are grounds to refuse but the judge would need to be persuaded they were legitimate (highly unlikely to happen but it is a possibility!)

Therefore, in this case, although it is not clear what is meant by 'thrown out', all the potential father needs to do is formally dispute paternaty with the CSA and await the results (it will speed things up if your MP is involved).

If the mother refuses to agree (to DNA testing) then her claim will be dismissed and the maintenace assessment will fail. You can then ask for your money back with interest. I'm not sure why your CAB adviser was unable to tell you this!?!?

Alternatively, you can apply to your local court under Section 55A of the Family Law Act 1986 for a declaration of non-paternity (possibly using the presumption system).

Talk to a family Law solicitor who should be able to assist you.

If you need further details of the case law to back it up then just ask and i'll hunt it out.

littlebearbeer

Hi,

I have a similar case that i am searching for extra information. But basically i would like to know all details associated with declaring non-parentage.

If a man is proven father of a child through a DNA test, can he declare non-parentage? (as he split up with the mother before pregnancy was known and did not want to have children with her anyway)

Does this entitle him to no legal/financial contract between the parties?

Unfortunately, the case i am researching for is between two countries as well. Father is UK based and Mother and daughter are Canadian based.

Please give me a straightforward scenario on how declaring non-parentage works and if you can, if this would stand up in a Canadian court?

Many thanks,

N71

littlebearbeer wrote: »

Hi,

I have a similar case that i am searching for extra information. But basically i would like to know all details associated with declaring non-parentage.

If a man is proven father of a child through a DNA test, can he declare non-parentage? (as he split up with the mother before pregnancy was known and did not want to have children with her anyway)

Does this entitle him to no legal/financial contract between the parties?

Unfortunately, the case i am researching for is between two countries as well. Father is UK based and Mother and daughter are Canadian based.

Please give me a straightforward scenario on how declaring non-parentage works and if you can, if this would stand up in a Canadian court?

Many thanks,

Don't know if Canada is different, but in the UK, the DNA test is final and if the man is the father, he's liable to pay.

Once the DNA result is in, the father can't then declare he's not the parent.

It makes no difference whether he wanted a child or not - its his child.

Loopy_Girl

Agree with N71.

If a man doesn't want a baby then there is no reason for him not to put a condom on the end of it....even if the woman says that she is on the Pill or whatever. Contraceptives aren't 100% effective and unfortunately there are women out there who will lie

jpmummy

"If a man doesn't want a baby then there is no reason for him not to put a condom on the end of it....even if the woman says that she is on the Pill or whatever. Contraceptives aren't 100% effective and unfortunately there are women out there who will lie"

Too true and make the bloke pay for the next 19 years! My OH has been a cash cow for a woman who's only ambition at 18 was to get a council house she assured OH (who was 20)that she was on the pill and then confessed all when she got pregnant - they discussed termination, he paid, she took the money and bought herself some new shoes outfit and coat. Classic, we are still paying now and she's bought the council house she got and has made a packet yet she has ruined my OH over the years.