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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101403
Experience:  Lawyer
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A baby was born recently. 2 fathers in question, mother says

Customer Question

a baby was born recently. 2 fathers in question, mother says she doesn't know who the father is, but is unwilling to comply with one of the possible fathers requests to talk or to do dna testing. what should be done at this point
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

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.

Customer: replied 1 year ago.
The one father would like to not bother with the mother, as the other potential father is not allowing any contact with her either. Just for simplicity sakes, is there any way of him requesting the DNA test from the court, so he has piece of mind and can move on with his life?
Customer: replied 1 year ago.
Or does she have to agree to it?
Expert:  Debra replied 1 year ago.

If she won't agree the potential father can get an order from the court.

There is no doubt that this will be ordered.

Customer: replied 1 year ago.
Can he do this himself somehow draw up his own paperwork or will he have to retain a lawyer
Expert:  Debra replied 1 year ago.

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.

Customer: replied 1 year ago.
Ya, the issue is cost that is the problem. The man in question is only 18...and not financially capable. Legal Aid won't help as he is over the cusp of their financial requirements. THe usual stuck between a rock and a hard place scenerio.
Customer: replied 1 year ago.
but in the meantime he is mentally stressed out and has been for the last 10 months, the mother taunting him and the other possible father saying "you might be the father" to both.. very mentally stressful .
Expert:  Debra replied 1 year ago.

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.

Customer: replied 1 year ago.
Okay, so he can get a letter from a lawyer to give to the mother saying that she needs to get DNA testing done or he will drag her to court? Is that what you are saying? You are familiar with law in Alberta?
Expert:  Debra replied 1 year ago.

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.

Customer: replied 1 year ago.
Do you know approximatley the cost for this service. And also so i can mention to him..what is the first piece of paperwork required to get the process going if he was to self represent. And what happens in the case where he gets the letter gives it to her and she still refuses. THen he has to go through hiring a lawyer anyway?
Expert:  Debra replied 1 year ago.

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:

If 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.

Customer: replied 1 year ago.
is there something she will need to sign saying she got the letter or whatever?
Customer: replied 1 year ago.
or that she agrees to do it?
Customer: replied 1 year ago.
He doesn't want to have to keep chasing her around, because of not taking this letter seriously.. So is there something she signs stating she is going to comply?
Expert:  Debra replied 1 year ago.


She either complies or does not.

If she does not then he starts the legal proceeding.