CSA told us to get a solicitor to resolve a DNA test

January 27, 2011

The CSA had contacted my partner via letter regarding a child he was told wasnt his by his ex partner. He didnt respond to this letter because at the time his father had just passed and he had other things on his mind – as you can imagine.

Now the CSA have pressumed paternity – although on every phone call we have made to them he has denied paternity, he has sent several letters in and he has been lied to by the CSA on a number of occasions. His name isnt on the birth certificate and he isnt able to see the child – he doesnt even know where the child is living.

The CSA have advised that we will now need to take it to solicitors and have a DNA test to resolve the issue. I find this unfair that they are just taking the word of the mother and not letting the father have a say – but we are unable to afford the solicitors costs and for the matter to go to court – especially as my partner has to pay towards this child every month! How are we meant to fight this and pay for the child? its impossible for us and we are stuck in a rut!

Obviously if the child is my partners he would like to see her, but again, we cannot afford the costs involved! does anyone have any advice?

Thanks

Comments

  • Brokenfather says:

    If he is not on the childs birth certificate they CSA cannot refuse a DNA test, but they try their best to. If they continue, then get your MP involved.

    They can however collect child maintenance in the meantime if they have already made the assessment.

  • Becki says:

    @ Broken father – i think you’ll find even if he is not on the birth certificate the CSA can presume paternity as he was given the chance to respond and failed to. Under child support law paternity can be presumed and it is then up to the father to obtain a private DNA test. He should have responded to the letter, it does details the legal implications of not responding.

  • Brokenfather says:

    Becki, yes they can presume paternity if no response is received, they can make an assessment and they can even collect that assessment. However, the presumed father remains entitled to a DNA test on request if they are not named on the childs birth certificate.

  • jaqui says:

    Presumed parentage in the eyes of the csa is one rule for one another for another!my ex partner was on all my 3 childrens birth certificares as their father and they all carry his name,its only when the csa got involved he decided to question if he was their dad!! To add insult to injury he was in contact,still is,to all their schools to check on their progress,yet he never in 7 yrs has bothered wanting to see them.He sends £30 each on their birthday and Xmas yet blatantly to the csa tries to deny parentage.The best bit being the csa decided for whatever absurd bs he fed them that they had enough reason to have doubt without bothering to ask me my side as to how I could prove enough for them to presume parentage and told us we had to have dna tests!! They r a joke…why provide info and guidelines for both parents if they themselves dont follow them!!

  • Bill says:

    Jaqui:- They can only presume parentage up to the point that parentage is disputed by either party.
    Then they need definite proof to settle the dispute, hearsay or just some bodies word (even a name on a birth certificate) is no longer enough, especially if one of the parties have refused to complete a DNA test previously.
    This previous refusal could be construed as may be that person has something to hide which makes all the other ways of testing for parentage defunct.
    He would not have tell them any BS just that he was not the biological father.

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