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DNA Test help

2

Comments

  • mattye
    mattye Posts: 10 Forumite
    if anyone is interested an update in this old thread.

    I have applied through a court for a dna test. the order has been made and i'm waiting for the sample to be submitted by the mother.
    During the two hearing so far the mother has not attended and has made no attempt to contact the court directly.
    I the order statement the judge has put that if she does not turn up for the next and final hearing that a ruling will be made in her absense.
  • hi, glad to see your making some progress. her not turning up can only be an advantage to you?

    what will happen if the courts agree to dna test but she wont allow it?

    hope you get the result you are hoping for :)
  • Loopy_Girl
    Loopy_Girl Posts: 4,444 Forumite
    Keep us posted on this Mattye - would be interested to see how this pans out.:)
  • jacklink
    jacklink Posts: 778 Forumite
    see a solicitor as soon as, tell him the issue. she has no right to be witholding information on where your children are (if your not a danger). your solicitor will contact relevant authoritys to track her down (through child benefit systems, ni munbers ect).

    he will write to her and ask her to disclose her address, if she ignores the letter or refuses she will be written to again to say that her address will be disclosed. (basically she has no choice)

    good luck.
  • Loopy_Girl
    Loopy_Girl Posts: 4,444 Forumite
    jacklink wrote: »
    see a solicitor as soon as, tell him the issue. she has no right to be witholding information on where your children are (if your not a danger). your solicitor will contact relevant authoritys to track her down (through child benefit systems, ni munbers ect).

    he will write to her and ask her to disclose her address, if she ignores the letter or refuses she will be written to again to say that her address will be disclosed. (basically she has no choice)

    good luck.

    This would only be true if the OP has Parental Rights and Resps. If he doesn't then she can withold her whereabouts as much as she wants.
  • if you do not have parental responsibility apply to the courts for it, it costs £175 and the judge will agree for you to have PR (unless you are the worst father in the world).

    good luck
  • Loopy_Girl
    Loopy_Girl Posts: 4,444 Forumite
    Jacklink, you have admitted yourself you have no children (?!) and no involvement of the CSA so I really wish you would check your facts before posting as someone could read them and take them as gospel.

    The judge ALWAYS takes the mother's opinion into account when deciding whether to grant PRO. If the father has not seen the child for X amount of years (as in the case) then I would doubt that the judge would allow it.
  • jacklink
    jacklink Posts: 778 Forumite
    if you do not have parental responsibility apply to the courts for it, it costs £175 and the judge will agree for you to have PR (unless you are the worst father in the world). it is rare for a judge to refuse this

    good luck
  • enemes wrote: »
    But there is nothing to stop a mother putting any father's name on a birth certificate

    Not true. The named father must be present at the birth registration and sign the documents unless he is married to the mother, in which case there is a presumption that the mother's husband is the child's father.
  • Loopy_Girl
    Loopy_Girl Posts: 4,444 Forumite
    jacklink wrote: »
    it is rare for a judge to refuse this

    How do you know this? You have no children and no experience of any of this.

    It would not be in a child's interest for a parent to walk into a child's life after x amount of years and at the end of the day, the courts have the children's best interests at heart.

    If the mother objected and had been the sole parent for a reasonable amount of time then the courts would have to consider her wishes and let the 'child' decide when they are 16/18.

    OP, do not listen to any advice from Jacklink. Has been proven on many an occassion on this site to be a liar and a fantasist. At worst, it downright vile and a troll (which is pretty often).
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