Ask a Canada Law Question, Get an Answer ASAP!
The mother is being ridiculous. She has to agree to DNA testing or else the Court will order it.
Either or both men can tell her that she needs to agree or he/they will seek a court order and then will seek an order for their costs as well.
If she won't agree the potential father can get an order from the court.
There is no doubt that this will be ordered.
He can self-represent but I strongly advise that he retain a lawyer and the main reason why is that when the lawyer writes the mother and states that if she won't agree then he will bring an application to court there is a very, very strong possibility that she will agree because she doesn't want to be dragged into court and doesn't want to get stuck with this man's legal costs and if she sees a lawyer the lawyer will absolutely tell her to agree as the court will order the test for sure.
He has to deal with it because she can later come back and apply for support and if the child is his he will have to pay.
So he has to know now whether the child is his and then if the child is what role he wants to play in the child's life.
If he has to go to court he can self-represent but one letter from a lawyer may be all it takes and there are lawyers that will not charge much just for a letter.
Yes that is what I am saying. Yes I am familiar with the law in Alberta.
This type of issue is treated the same throughout Canada.
He can have the lawyer do the letter. Then if she won't agree he can self-represent and apply for the court and get some help from here for free:
https://albertacourts.ca/resolution-and-court-administration-serv/family-justice-services/family-law-informationIf she breaches the court order then he can apply for a finding of contempt and she could be fined and then if she still breaches the order she can end up in jail.
The letter should be a couple of hundred dollars.
She either complies or does not.
If she does not then he starts the legal proceeding.