DNA Test help

mattye

Hi All,

I need some advice on trying to organise a DNA test for ex parter and her son.

I've been told that because my case has been assessed and I have been paying my maintenence that if I want a DNA test that I have to organise it myself. I have no problem with that and I've used one of the listed testing companies to have my test sample taken.

My problem now is that the CSA have asked my ex for her permission to forward her address to the testing company so her pack can be sent out. However she has refused and the CSA say that they can't do anything more to help me.

I then sought legal advise and was told to apply to the county court. The problem is that on the forms her contact details are required. So I simply explained the situation on the forms and put me CSA case No down as a reference for the court.

Suprise suprise the papers have been returned to me today saying that I need my ex's contact details to progress the case.

So, what the hell am I suposed to do now??????? any ideas.

Loopy_Girl

Are you named on the birth certificate? If not, then realistically you could stop paying her maintenance and then the CSA will tell her that she will need a DNA test as you are 'denying paternity'.

Whilst I am not suggesting that the child isn't yours at all, it is one route you could go down. Maybe the short sharp shock of not having money will jolt her into handing over her address.

Or if you know the area she stays and her full name then you could try the internet - amazing what you can glean from there!!!!;)

mattye

Hi Loopy Girl,

I am named on the birth certificate as it seemed the right thing to do at the time.

Do you think this will make things more difficult. Surely I'm entitled to get this checked out?

outrageous_monkey

Do you still see the child? If so, have you thought about buying one the the DNA kits and doing it yourself so to speak. I'm not sure if you need the mothers consent or not, but could be worth looking into.

Loopy_Girl

Hmmm...as far as the CSA are concerned then, you are the dad. As far as I am aware, you can't dispute paternity through the CSA if you are named on the certificate.

Of course if you have doubts then you are entitled to know but to my mind if she doesn't want to do it, then you can't really force her. I take it you don't have a good relationship with her? Enough that you could just ask her nicely and say it is for your own peace of mind?

mattye

Thanks for the quick replies.

I don't have any dealings with her or her son so can't ask her anything. But surely I am entitled to prove parentage one way or another.

Loopy_Girl

To be honest, you accepted paternity when you put your name on the birth certificate.

Without going all Jeremy Kyle on you, I take it you have concrete evidence to arouse suspicion that he is not yours and are not just letting hearsay eat away at you?

I,M_SAD

I am not knowledgable re dna tests.Did look into it a bit when ex partner denied paternity via csa.
From what I gather,the csa uses dedicated testing centres.It,s a delicate situation really,is there any way some-one can help you both communicate re concerns about dna testing?
I think it is the pwc,s right to refuse dna testing if they so wish,not sure if that affects your responsibility to pay maintenance.I think that I may be wrong that the courts can go via csa for using confidential details such as address,so long as you are not privvy to them.There is a csa website that includes section on dna testing.
Speaking from experience,I would have much rathered ex partner had spoken directly to me about concerns of paternity first,it,s not pleasant and the pwc does have a lot of emotions to work through when paternity is denied..Initially I was adamnant I would never put my son through dna testing,I was concerned how he would feel when he was older and found out about dna testing,plus I thought it was a blood test,not swab,etc.
However ex was adamnant he wanted a dna test and I talked it through with my G.P.in the end,as I was so distressed.He was a huge help to me,very matter of fact,I just did,nt feel able to talk to friends and family about it,as it was too personnel.
I agreed to test in the end,however ex partner decided dna testing not accurate and wanted genetic testing so he felt he could,nt proceed.
Maybe your ex is feeling a range of emotions too,it,s never just a dna test,it will have implications on you all,I would try to try and get some communication going through a neutral person.Good luck.

I,M_SAD

I misunderstood your post,I thought you meant csa were,nt helping you ascertain paternity.
There is a criteria for denying paternity as no doubt you are aware for csa to be directly involved with paying for the dna test.It sounds as though csa are happy you are the father,birth certificate,there will be other issues as well,etc,whilst then you have the right to still request a dna,you are unlikely to be able to enforce it even via court.

Just as a note of caution though,the ex is witholding her address,we don,t know why and it may be for a very good reason,as in she is "frightened of ex".I am not saying that is the reason but you can,t make someone do a dna test without very good reason,which is more than making an allegation.Your situation sounds messy and if csa are not backing you on this,then no using a csa ref. for court will be pointless,as csa are not involved with the decision to do a dna test.Also if your ex wants to remain incognito then trying to find her may not be a good idea.She still wo,nt have to do a dna test.You will always have to use the determined and recognised dna testing centres,whether csa are paying for dna test or not.Detemining paternity is a serious and confidential proceedure,which involves a minor,so using a home kit would be unacceptable.It,s unlikely you will make progress on this area,there is a child involved in this scenario,they have the right to be protected too.It sounds as though communication won,t help now really.

enemes

mattye wrote: »

I don't have any dealings with her or her son so can't ask her anything..

Obviously we know how you feel about the situation. I don't know how the law stands regarding being a named parent on a birth certificate. But there is nothing to stop a mother putting any father's name on a birth certificate, therefore I would suggest there is little or no satnding in the court of law. However, presumably, you signed the birth certificate, so you may have to try and prove that you didn't, and as Loopy Girl said earlier, you could stop paying your CSA and flush her out.

The other way of looking at it is that, as you are on the birth certificate, you therefore have Parental Rights and Responsibilities, in which case you shouyld be able to sought some kind of contact with "her" child to obtain the sample you need for DNA purposes.

It all seems rather odd to me, though!!

kelloggs36

The CSA can presume paternity if a man is named on the birth certificate and this is legally standing. To prove otherwise is down to the NRP themselves. Unless you can track her down, there isn't much you can do.