Latest articles
UK Immigration Rough Sleeper Rule
Aaron Gates-Lincoln, Immigration NewsThe UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s...
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
View all articles
Authors

PATERNITY: Re M (Paternity: DNA Testing) [2013] EWCA Civ 1131

Sep 29, 2018, 18:45 PM
Slug : paternity-re-m-paternity-dna-testing-2013-ewca-civ-1131
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 24, 2013, 02:30 AM
Article ID : 103599

(Court of Appeal, Longmore, Underhill, Macur LJJ, 17 September 2013)

Following the separation of the Latvian parents of a 5-year-old child, the father had regular contact. When contact became problematic the father issued proceedings in Latvia but an agreement was reached and recorded by court order that the father's claim had been pursued to establish a procedure for exercising rights with the child.

The mother and child later left Latvia for the UK initially with the father's consent. However, when the mother failed to contact the father he issued Hague Convention proceedings and the mother raised the issue that the father was not in fact the child's biological father.

The judge ordered an expert on Latvian law to be instructed and ordered the DNA testing of the parents and child. The father appealed the requirement for DNA testing claiming it had been premature.

The appeal was allowed. DNA testing to establish paternity was a serious step for any court to take and should not be ordered unless it was necessary for it to be done before a conclusion could be reached and only as a last resort.

On the facts of this case, DNA testing was not a mere case management decision. The first step should be for the expert to report on aspects of Latvian law and then if the father had a right of custody, or if, despite any conclusion of Latvian law, the father had a right of custody on the true construction of the Hague Convention, any question of DNA testing would have fallen away. It was only after that step had been taken that DNA testing should be considered.

 

 

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from