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Hi Guys,
I posted on here a while ago but forgot my user details!
When I turned up for court on 20/09/13 my ex handed me a DNA test which said I wasn't the father to my 15 month old son, I asked my solicitor was this a legal dna test etc, she said it was so I withdrew my case. I asked for a copy of the DNA test and when I got home and read the small print it turned out it was one of these home tests.
My ex can be very devious and therefore I have doubts over this test. All I am asking is for a legal DNA test to be done and my DNA to be taken, however she is refusing.
I obviously have to accept, and have done, that my son isn't my son after all! But I want to be 100% certain.
I asked the other father on the day of court if we could do a legal DNA test and he verbally agreed but heard nothing since. I asked my ex's solicitor who has come back with the response - My client is confident in the results of the original test and to pursue this further would not be in her sons best interests and I am trying to exert control. She wants to move on and hopes that I can also.
I am offering to pay for the DNA test.
The way I see this as she has something to hide, It's not going to cost her anything for the DNA test, it's going to cost her money to go back to court (a single mom on benefits) and surely it's in my sons best interests to know exactly who his father is, not some home dna test which could've been conducted by any 3 people!
I have applied to court again and have a date on the 1/11/13. Hopefully I can get somewhere then,
Does anybody know if the courts can force her or at least my son to do a DNA test? I'm just here thinking that I will never know for sure and it's killing me!
Many Thanks
...the court can order a DNA test to be done if they consider it is in the child's best interests.....they will usually favour tests being done when there is doubt because they consider that it is always in the child's best interests to know who there father is! Of course this doesn't give an automatic right to involvement in the child's life and if you haven't been involved up to now and find that he is yours you will probably have to jump through many hoops to be in his life.
Thanks Nanny Jane,
I was a major part in his life up until recently. And i would love to still be either way, but with the Mother being as up n down as she is it just wouldn't work if I'm not the dad.
I know you obviously don't know what the judge will say, but I'm just hoping they won't accept this home DNA test as enough evidence and her claim that she's happy with the results and it's not in our sons best interests and at least let my son and I know who the father is for 100% sure.
Hi again, I had my court hearing and before we went it through our solicitors she agreed to a DNA test. Great I thought :-).
However my solicitor then said that my ex is considering suing me for costs......
My solicitor says there is nothing to worry about but I'm sure her solicitor has told her the opposite.
Basically on the day of the last hearing I asked my ex herself via text and email for a legal dna test, her mother and in person to the alleged father. I also emailed her solicitor.
My ex and her mother ignored me. The solicitor eventually got back in touch saying her client said no as it was not in the best interests of the child. The alleged father did verbally agree and promised to get in touch, but didn't, he actually said we should do it out of court to save money.
She ignored my mediation request, where again we could've done this out of court.
I have done everything I can to settle this out of court but she left me no option!
And you don't actually need a solicitor at court, that was her choice.....
Does anybody know if she has a case?
I tend to agree with your solicitor. You have tried to resolve this without taking court action, you offered to pay for the DNA test with a recognised testing company and have liaised with the other possible father. If these home testing kits were reliable then the court would accept them but they don't, and so you have a good argument for not accepting the results either.
As she has now agreed to the retesting this also validates your course of action. Why don't you offer to drop the case once she has had the test done. If you find that you are the father then you can pursue your parental rights through mediation and court actions if all else fails.
Thanks nanny Jane, that's good to hear 🙂
I have agreed to drop the case if I am proven not to be the father.
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