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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1294
Experience:  BCom; LLB; Masters in Law
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I am married my daughter and now being summoned to court for

Customer Question

I am married my daughter and now being summoned to court for a paternity test on my daighter by another party, is this legal?
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Submitted: 8 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 8 months ago.
Hi there and thank you for your question,I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.No, the court can't force you to take a paternity test to prove that you are not the parent of a child - just because a third party claims. The court can't even force you to take a paternity test to prove that you are the parent of a child in the instances where you deny that you are the parent. i.e. To prove something good. In O v O, Friedman JP stated that there is no statutory or common-law power enabling the court to order an adult to allow a blood sample to be taken for the purpose of establishing paternity. But, the court MAY read into a denial by a party who refuses to do a test. Does that make sense? If not, perhaps you could explain a little more about the facts. The easiest example is where a mother claims child maintenance from a man, and the man wants the mother to submit the child to a DNA test, and the mother says no. The court can't order the DNA test, so without proof how then can the court order the main to pay child maintenance to the mother. Does that make sense?Basically, if this third party wants to prove that he is the child's father, then he will need to go about in a different manner to trying to force the court to order a DNA test. You should raise the above in your defence, and also explain to the court that if a DNA test is ordered against you it will infringe your right to bodily integrity.If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer! Good luck and best regards,CaseLaw
Customer: replied 8 months ago.
No I am the wife, I was summoned by a third party.
I was married in 2007 my daughter was born in 2010 and now in 2016 this third person has take it upon himself to file for a paternity.My husband and I separated a wk after I found I was pregnant for about a mth but reconciled he is on her birth certificate.How can I fight this?
Expert:  CaseLaw replied 8 months ago.
You should hire an attorney who specialises in family law issues, and then defend the case based on what I've explained above. There are conflicting cases dealing with whether or not a court can order a DNA test for a minor child, but the majority of the cases say that a court can't. That's what your attorney needs to argue.If you've never acknowledged this third party as the true father, then you must fight it. Also, you must "know" for certain that this third party is not the father. You can't lie under oath!
Expert:  CaseLaw replied 8 months ago.
Hi there again,I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.If you're happy that I've answered your question, please leave positive feedback for me.RegardsCaseLaw