9 June 2011 by

Who’s the Daddy

The use of DNA paternity testing in Children Act Proceedings has become very common in cases where there is some doubt or suggestion that the father is not the child’s biological parent. As the tests are said to be 99.9% accurate the results are practically undisputable and determinative of the child’s paternity.

The lengths that a young single mother went to in attempting to falsify a paternity test and mislead the Court are therefore quite shocking and rightly resulted in her being jailed for 9 months after admitting conspiracy to pervert the course of justice and perjury.

The facts of the case are that the father had made an application to the Court seeking contact with his two-year-old son. In a desperate attempt to prevent the father having contact the mother lied and claimed that he was not in fact the child’s father. The Court therefore ordered that the child undergo a paternity test, but instead of taking her son for the test the mother paid a friend to pose as her and take along her own child, so there would be no DNA match with the father.

When the father accused the mother of falsifying the test she even went as far as to bring her friend’s child to Court with her and claim that he was in fact her son.

The Judge described the mother’s behaviour as being “the most significant contempt of court as can be imagined in a case of this sort”.

9 June 2011 by

Skype you soon!

In a recent Court of Appeal case a father’s application to prevent his former partner from emigrating to Australia with his two young children was refused because it was considered to be in the children’s best interests to relocate with the mother.

9 June 2011 by

Sticks and Stones

It is extremely unusual for the Court to order costs in children cases, unless one party has gone beyond the limit of what is considered to be reasonable in pursuing the application. The issue of costs is ultimately at the Judge’s discretion and will be dealt with on a case by case basis.

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