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Hello all, im new to this so please bear with me.
I have been involved in a court battle for about 7 months now, my daughter being 20 months old, not seen her since 2 months old. At the last hearing the judge informed my ex that contact would most be likely to happen at the next hearing subject to reports being satisfactory about my depression i had back in 2009/2010, after court my ex shouted without provocation ¨that my daughter wasnt mine¨, to which my barrister heard.
Now ive had a letter from my ex's solictors saying a paternity test needs to be undertaken which im happy to undertake as im 99.9% sure she is mine.
Is this a delaying tatic by ex partner?
What view will the court take about this?
Should i inform CSA?
Many thanks to all who reply.
Hi
I would say that it's more frustration by your ex that she hasn't got the control that she was hoping for, and is thinking of ways to strike out at you. I would have thought that the courts would be most unhappy that this has only been raised now, and not at the beginning of the process - it's a long shot, and I'd speak to your solicitor, but by doing this yo are incurring additional legal costs - it might be worth saying that you intend to go against her for your additional legal costs as a result of this extra time - that might be enough to bring her to her senses - it's unusual for a court to award costs against either parent in contact cases, but there are exceptions. As I said, talk this through with your solicitor.
I would speak to the CSA and say you are now having a paternity test as the mother has said your daughter is not yours - tell them you are doing this through the court as hopefully they won't insist on a second test. If it turns out your daughter isn't yours, then you may be able to claim back maintenance from the day you notified them.
If by some chance, she isn't your daughter, you could be in an unusual position - you might still be able to get a contact order to see her as you have built up a bond, but you wouldn't be bound to pay maintenance - that would be at your discretion. Again, speak to your solicitor about this.
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