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Mother refuses DNA test

(4 posts)

  1. benji
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    Hi all,
    I'm writing on behalf of a close friend as he is struggling to deal with the distress this has caused. I need a little advice to help him work out what to do.

    Quick rundown of the situation:
    The mother left him for another man during pregnancy.
    The mother refuses a DNA test to prove he is the father.
    His name is not on the birth certificate.
    The mother told him she doesn't want him to be involved with the child in any way, and for the sake of the child he has agreed.
    The mother moved to a different city for 2 years (the child is approaching 2yrs) but has now decided to move to a house not only in the same city but to a house directly opposite his.
    He has voluntarily paid some support in the past but financial circumstances have changed due to the company he worked for closing down.
    The mother has now instructed the CSA to chase him for child support.

    Where does he stand legally? Should he push for a DNA test? Can he hold off the CSA until he knows more clearly where he stands, or should he engage with them now?

    Many thanks in advance, I hope someone can help as I can't find any of this info on the web.

    Ben

    Posted 1 year ago #
  2. doug3101
    Member
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    If the mother refuses a DNA test then the CSA will close down the case. Make sure that your pal has clearly stated to the CSA that he is disputing parentage and inform them of her unwillingness to comply. If he is pursuing this without telling the CSA they will not do anything.

    Posted 1 year ago #
  3. sparky
    Member
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    this is not true i am currently going through it the ex refused the dna test and then the csa said i had to apply to the courts for a non parentage order i am waiting to go to court but the csa is still demanding money

    Posted 7 months ago #
  4. KatieG
    Member
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    Sparky - Many CSA staff don't know the parentage rules. If it is a new case you can ask for DNA tests.

    Disproving parentage for an ongoing case is more complicated than if it is done at the start of a case. Ring the CSA and tell them you are disputing parentage. If they say you can't, tell them you want your section 20 rights. If the person you are speaking to doesn't know what you are talking about, ask to speak to someone who does.

    The CSA should send you a pre-section 20 letter. You must respond within seven days. You should then be contacted by a case worker who will ask you questions about why you are disputing parentage. If satisfied by the answers, you will be sent a section 20 letter.

    Take this to your local magistrates court. Only they can order a DNA test at this stage. The cost of registering with them is £135, non refundable. The DNA test will cost around £250, refundable to you if it is proved you are not the father.

    Posted 7 months ago #

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