How are debts owed to family members dealt with in divorce proceedings?
The first question for the court to determine is whether the debts are legitimate, and this is a...
Family Law
If the court takes the view that the Child Arrangements Order cannot be made without it the court can ask Cafcass (the body that provides advice to the court regarding the best interests of children involved in family court proceedings) to arrange for a DNA test to be carried out on a child when their paternity is disputed.
In order to avoid any suspicion regarding the test results Cafcass is responsible for overseeing the collection of the sample (usually from the father and the child) and the identity of the child and adult(s) being tested.
While it is possible to have a DNA test done at home (providing that the father has parental responsibility for the child) such a test is unlikely to stand up in court unless it has come from a court accredited laboratory, the identities of the tested persons can be proven and the court agrees.
A father may also be able to arrange for a DNA test through the Child Maintenance Service or through an application for a declaration of the parentage of a child.
The general view is that in most cases it is likely to be in a child’s best interests that the truth about paternity is known. Whichever route is taken the ramifications of the result in terms of the possible impact on the child, siblings and both their parents must be considered.
George Green’s Specialist Family and Divorce Lawyers give advice regularly about children matters. If you wish to discuss your matter please Jane Williams on 01384 340 528 (jwilliams@georgegreen.co.uk at our Cradley Heath office. We represent clients from the West Midlands and beyond including Dudley, Stourbridge, Cradley Heath and Wolverhampton.
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