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My ex partner wants to take me to court over the paternity…

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my ex partner wants to...
my ex partner wants to take me to court over the paternity of our daughter. he wants the court to grant his a paternity test and i know they will do so. i do not want a dna test done from my daughter to find out if he is her   father or not. what will the court do if i say no she is not ddoing one. her father does have parental rights over her. i have stopped him seeing her. we have not yet been to ocourt and i dont want to go. if he puts in an aplication do i have to go and what would happen if i dont. is it agains the law for me to say my daughter is not having a dna test done?
Submitted: 8 years ago.Category: UK Law
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Answered in 4 hours by:
8/10/2009
Solicitor: Clare, Solicitor replied 8 years ago
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,264
Experience: family solictor with 25 years experience
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hi
can you explain why you do not wish to have the dna test done/
claire
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Customer reply replied 8 years ago
i just do not want to have anything done to my daughter. wot would happen if i said no she is not havin it done?
Solicitor: Clare, Solicitor replied 8 years ago
hi
<br />all that would happenis that a cheek swab would be taken - it will cause her no painor distress at all
<br />if the court orders a dna test then failure to go through with it will mean that you ar ein contempt of court and could face imprisonment - but more likely is that your ex would be granted contact and allowed to take the child for the test himself since he currently has parental responsibility
claire
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Customer reply replied 8 years ago

so could i go to prison if i dont do what the court says?

is it a long process him taking me to court? also can he get his dna records from the hospital or from his records from the police, the police have his records but he was never charged?

Solicitor: Clare, Solicitor replied 8 years ago
hi
yes indeed you can go to prison if you do not obey the ocurt - the ocurt process would take three to six weeks to order the dna test - he would have a dna swab taken independantly
claire
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Customer reply replied 8 years ago
clair im at my wits end i dont want this man around my daughter he is no good and would destroy her life like he has mine. im only 20 and he is 36. not a man i want in her younge life. if i go to court and tell them what he is like will they still grant him his dna test for our daughter?
Solicitor: Clare, Solicitor replied 8 years ago
hi
is he named on her birth certificate?
claire
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Customer reply replied 8 years ago
his name is ***** ***** birth certificate
Solicitor: Clare, Solicitor replied 8 years ago
hi
sorry i didnt ask - when was she born?
claire
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Customer reply replied 8 years ago

01.11.07

Solicitor: Clare, Solicitor replied 8 years ago
hi
then i am afraid that he already has parental responsibility for his daughter and the right to be consulted on all major matters in her life
when she goes to school he will have the right to go to the school and see her teachers
in these circumstances it will make no difference whether or not a dna test is done
if he applies to the court for contact with the child then you will be able to explain your worries and concerns and hopefully the best he will achieve is supervised contact at a contact centre
claire
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Customer reply replied 8 years ago
can he get his dna back from the police? he sed he has asked for it
Solicitor: Clare, Solicitor replied 8 years ago
hi
thats not how it is done - if a dna test is ordered then fresh samples will be taken - just ignore him on this
claire
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Customer reply replied 8 years ago
i know but if he called or wrote to the police department and asked for his dna samples would he get them from them?
Solicitor: Clare, Solicitor replied 8 years ago
hi
no - and even if they did they would be of no use to him whatsoever
claire
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Customer reply replied 8 years ago
i just need him out of our lives. is there any way around this? she does not even know him as her dad and she is so happy now he is not around and has turned into a happy bright little girl and wen he was in her life she was unhappy cos of wht was going on
Solicitor: Clare, Solicitor replied 8 years ago
hi
how old is your daughter
claire
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Customer reply replied 8 years ago

She will be 2 on the 1st november.

if he goes to court down south were he lives will i have to go all the way down there to go to court? thanks

Solicitor: Clare, Solicitor replied 8 years ago
hi
when did he last see the child?
claire
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Customer reply replied 8 years ago
he last seen our daughter 9 weeks ago
Solicitor: Clare, Solicitor replied 8 years ago
hi
if he makes an application to the court then any hearing will be held at a court local to you
claire
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Customer reply replied 8 years ago
how long would it be say if he got the ball rolling with the court tomorrow how long would it take untill we i have to go to court? And is there such thing as an emergency application for him to go to court quicker to see my daughter?
Solicitor: Clare, Solicitor replied 8 years ago
hi
it would be between four and six weeks for the first hearing and there is no emergency application that would assist him
claire
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Customer reply replied 8 years ago
if i fight agains him aver seeing our daughter would it go on longer and would they be more likely to take my side thanks
Customer reply replied 8 years ago
if i fight agains him over seeing our daughter would it go on longer and would they be more likely to take my side thanks
Solicitor: Clare, Solicitor replied 8 years ago
hi
i am afraid that it is likely that he will get some form of supervised contact - probably at a contact centre to make sure that he turns up regularly and that he is able to care for the child
claire
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Customer reply replied 8 years ago
i have a holiday book on the 8th september for me and my daughter. am i aloud to leave the country with her still if he puts the application in tomorrow or will i be likely to have to go to court wen i am ment to be abroad? would they take this in to concideration me going abroad with her and cant change or get a refund for it?
Solicitor: Clare, Solicitor replied 8 years ago
hi
unless he makes an immediate application for a prohibited steps order you have no worries about your holiday
if he does make an application i have no doubt that the court willlet you take the holiday
claire
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Customer reply replied 8 years ago
how much will he have to pay to put in an aplication to the court for access
Solicitor: Clare, Solicitor replied 8 years ago
hi
the court fee is £175
claire
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Customer reply replied 8 years ago
would i have to pay that as well or any other costs?
can you talk me thru what will happen once the aplication goes thrugh.
sorry for all these questions so late at night but its the only chance i get really whilst my daughter is in bed
x
Solicitor: Clare, Solicitor replied 8 years ago
hi
you are probably eligible for legal aid and i suggest that you seek face to face legal advice as soon as possible in order to talk through the best way forward as i think it would be foolish to start an application unnecessarily

claire
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Customer reply replied 8 years ago
he is putting one in tomorrow morning
Solicitor: Clare, Solicitor replied 8 years ago
hi
then you need to seek face to face legal advice tomorrow - although i suspect that he is in fact winding you up
claire
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Customer reply replied 8 years ago
no he is not he red me what the form was saying. you have been so healpfull thanks so much clair
Solicitor: Clare, Solicitor replied 8 years ago
hi
try not to worry
you will be able to have your holiday and the most likely contact arrangements will be at a ocntact centre
i suggest that youstop talking to him as he is only trying to upset you
- see a solicitor as soon as possible and let them deal with him
claire
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Customer reply replied 8 years ago
thank you claire you have been so kind in helping me this week.
Solicitor: Clare, Solicitor replied 8 years ago
hi
you are welcome i hope all goes well
claire
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