If the Child Maintenance Service (CSM) contacts you asking you to pay child support and you deny that you are the child`s father, it is called „contentious parentage“. However, if a lack of cooperation between the parties involved makes it impossible to preserve the evidence by means of a DNA test, the court will take the case to a hearing and draw its own conclusions from the evidence presented. If they reach a positive conclusion at the hearing and find that a party has behaved inappropriately in the proceedings, the court may issue a decision on costs. The court generally expects the report to be received within six weeks of the court order. In cases where it is not clear whether the court would be willing to issue a decision on parental responsibility, the father is also advised to obtain a declaration of filiation. In the case of an application for a declaration of filiation, the court only considers whether the paternity of the child has been established and, if so, the declaration is made. Check the court fees and find out if you can get help with the fees. We asked the court for a declaration of filiation as well as the change of the child`s name. We built a very strong case and put it in court. The judges agreed that there should be a declaration of filiation and an order to change the child`s name. Our client was very satisfied and received exactly the result she was hoping for. The court cannot force an adult to give a DNA sample.
This can interfere with the testing process. However, the court may draw a so-called adverse conclusion – that is, assume that this person has something to hide – from the rejection. They may also make a declaration of descent or non-filiation in the light of this refusal of cooperation. If all parties are able to accept a paternity test without the case going to court, it is important to make sure that the testing company you choose has been certified by the Department of Justice. This will ensure that you can count on the results if you need them later in the legal proceedings. For example, the CMS only accepts paternity test results from certified suppliers. To apply for a declaration of parentage, you must complete an application form C63. Applicants must pay a court fee of £365.00, however, those with low income or income-related benefits can apply for an exemption. This is a formal statement as to whether, under English law, a designated person is the legal parent of another person. If there is a dispute about the identity of a child`s father, you may need to go to court.
Requests for notification according to FPR 2010, SI 2010/2955, Pt 8 are submitted in accordance with procedure FPR 2010, SI 2010/2955, Pt 19 – see practice note: FPR 2010, Part 19 – alternative procedure for applications. When you apply, attach a copy of the birth certificate of the person whose ancestry is in question (unless the court has decided otherwise). In some cases, for example: if a child is born as a result of fertility treatment, a DNA test may not be correct and CMS may not be able to assume parentage. In these cases, CMS may go to court and ask it to decide. CMS has three ways to resolve ancestry disputes. This guide explains what a declaration of filiation is, what you can do to resolve disputes as to whether a man is the father of the child, and how to apply to the court for a declaration of filiation that definitively states who the actual legal parents of a child are. The application form for a declaration of filiation is Form C63. The cost of submitting a declaration of filiation is £365. However, if you have low income or benefits, it is worth filling out an EX160 form. You may not have to pay any fees or you may receive money. If the child`s parent refuses the paternity test, you can instead ask the court to obtain a declaration of filiation or non-filiation under the Family Law Act 1986.
In such a scenario, it is likely that the court will order the parties involved and the child in question to perform a DNA test. If all parties involved are cooperative, the matter should be resolved expeditiously. Sometimes someone who is not the biological father of the child is named as the father on the birth certificate. This can happen because the mother`s husband is automatically named as the father on the birth certificate, although it may later turn out that someone else is the biological father. The declaration of ancestry issued by the court may be submitted to the Registry. They will issue a replacement birth certificate naming the biological parents. The original information is still displayed as it was provided at the time of the first registration, but a note is written at the edge of the register explaining that the details of the named man were incorrectly recorded. The note is dated the date on which the correction was made. Denying ancestry is not a way to avoid the responsibility of a parent.
If it is determined that you are the father and have not paid child support, you may have to pay a large amount of arrears. This is clearly a much simpler criterion for the Court than the considerations required in an application for parental responsibility. If the ancestry is not accepted by both parents, the court will require a DNA test to prove the position. CMS will also tell the mother that the possible parent has rejected parentage and will ask her to provide evidence to support her testimony. However, this presumption can be rebutted after weighing the probabilities. An explanation of ancestry is an important way to achieve this. „Our father, DNA testing and what do we mean by `ancestry`? (by Louisa Ghevaert for Fertility Help Hub, a fertility lifestyle platform, August 24, 2022). The Child Support Service has its own processes for determining paternity when there is a paternity dispute that revolves around the payment of child support. It is possible to file an application with the court if you are not satisfied with the cmS`s conclusion. As with many family cases, it is far preferable to settle cases outside of court if possible, and family mediation can be a way to do this. If there is any doubt about the identity of a child`s father, voluntary paternity tests (DNA tests) may be performed. It is important to ensure that the testing process is carried out by a legally recognized supplier.
Accredited suppliers can be found here. The child must be brought by the person caring for them and check them so that they can have their DNA sample taken. A Cafcass agent will also monitor this and will need to see proof of identity. Again, the person who has care and control is asked to sign some form of declaration and consent. The application is made in Form C63 (Application for Declaration of Filiation under Section 55A of the Family Law Act 1986) and court fees are payable – see Practice Note: Common Court Fees in Family Proceedings. Sufficient copies of the application (and all attached documents) must be sent to the court for service on each of the defendants.