Editor's Blog0 min ago
Legal Advice Required...
Hopefully someone can advise...
My Partner was told earlier this year by the CSA he had an 11 year old child...news to him...although he did say it WAS possible. He requested a DNA which was done about 5 months ago. Since then the Mother has told the CSA that the Child is REFUSING to get the test done.
My own view is that she doesn't want to have to explain details to her daughter...
We obtained a copy of Child's birth certificate to find another man's name on it!
CSA advised us this week that legally the Child cannot refuse the test until the age of 16 and that the Mother must get this test done. If she still refuses her benefit for that Child gets cut by 40% and the case is dropped by the CSA. (Aparently the benefit has been cut already). My Partner is then left not knowing if he has another Daughter out there.
If tests are still refused and the case is dropped we were told we could take her to court to push it that way. I was advised that the court could insist on the DNAs to be done. Although, should she still refuse then the worst case scenario could be a fine or even prison.
Can anyone advise me on the legalities and procedures for going to court - and possible costs involved.
We all live in Scotland so I guess that would matter for anyone replying...
I would be grateful for any comments and/or advice on this matter.
Mads
My Partner was told earlier this year by the CSA he had an 11 year old child...news to him...although he did say it WAS possible. He requested a DNA which was done about 5 months ago. Since then the Mother has told the CSA that the Child is REFUSING to get the test done.
My own view is that she doesn't want to have to explain details to her daughter...
We obtained a copy of Child's birth certificate to find another man's name on it!
CSA advised us this week that legally the Child cannot refuse the test until the age of 16 and that the Mother must get this test done. If she still refuses her benefit for that Child gets cut by 40% and the case is dropped by the CSA. (Aparently the benefit has been cut already). My Partner is then left not knowing if he has another Daughter out there.
If tests are still refused and the case is dropped we were told we could take her to court to push it that way. I was advised that the court could insist on the DNAs to be done. Although, should she still refuse then the worst case scenario could be a fine or even prison.
Can anyone advise me on the legalities and procedures for going to court - and possible costs involved.
We all live in Scotland so I guess that would matter for anyone replying...
I would be grateful for any comments and/or advice on this matter.
Mads
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Shurely, without the proof of a DNA test it's just one word against another and otherwise just a waste of postage stamps. I don't understand why you feel you want to go to court unles it's from some ultruistic angle. What's that about "a fine or even prison" ? - for who? - why? In my thicknes I can't understand your question entirely. The first half of it renders it a straight forward open and shut case to me , then I get a bit lost -(told you I was thick)
Luckily the worlds full of people experianced in your requested subject and I wish you some speedy and more helpful replys. Good luck.
Luckily the worlds full of people experianced in your requested subject and I wish you some speedy and more helpful replys. Good luck.
I'm afraid I can't help too much on the practicalities of your problem but I can make a few points.
I assume your aim is to discover if your partner has another child in order to release the obvious tension this might cause (if it's simply to avoid maintenance then this has already been done - as the mother is refusing tests (on behalf of the child) it is presumed that your partner is not the father).
In order to do this, you can go to court seeking an order forcing the mother to allow DNA tests. In recent years the courts have become very receptive to such applications and will make the order wherever it would ease any stress in the parties; it is also thought in the vast majority of cases that a child should know whom his/her parents are.
If the mother breaches the order, she will be in contempt of court. Unfortunately the sanction in most cases, as you said, is a fine or prison rather than direct enforcement (i.e. enforced testing).
The best thing is to visit a solicitor and ask for a detailed breakdown of the costs involved (solicitor fees, barrister fees, court fees etc.). Also consider the effects on you and your partner carefully - discovering you have a child will create emotional demands, leave you liable to pay maintenance etc. I would tread carefully before choosing to seek an order.
I assume your aim is to discover if your partner has another child in order to release the obvious tension this might cause (if it's simply to avoid maintenance then this has already been done - as the mother is refusing tests (on behalf of the child) it is presumed that your partner is not the father).
In order to do this, you can go to court seeking an order forcing the mother to allow DNA tests. In recent years the courts have become very receptive to such applications and will make the order wherever it would ease any stress in the parties; it is also thought in the vast majority of cases that a child should know whom his/her parents are.
If the mother breaches the order, she will be in contempt of court. Unfortunately the sanction in most cases, as you said, is a fine or prison rather than direct enforcement (i.e. enforced testing).
The best thing is to visit a solicitor and ask for a detailed breakdown of the costs involved (solicitor fees, barrister fees, court fees etc.). Also consider the effects on you and your partner carefully - discovering you have a child will create emotional demands, leave you liable to pay maintenance etc. I would tread carefully before choosing to seek an order.
Try this if you think you may be eligible for help...http://www.adviceguide.org.uk/scotland/your_ri ghts/legal_system_scotland/help_with_legal_cos ts_scotland.htm
Try tht cwis for advice about fees: http://www.lawscot.org.uk/Public_Information/u sing/legal_fees/solicitors_fees.aspx
Otherwise try a free legal interview with a solcitor or speak to the Citizen's Advice Bureau for advice.
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