D.F v. K.G.

D.F v. K.G.

Court declined to order paternity testing at this time because, after weighing statutory authority and case law, the child's best interests and risk of significant prejudice to a medically and psychologically vulnerable 13-year-old outweighed the applicant's interest in immediate testing; court left application open for review no earlier than 18 months to balance stability and the child's right to know.

Citation
2018 NSSC 65
Parties
Applicant: D.F.; Respondent: K.G.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 March 2018
Procedural Posture
Family Law Paternity Testing / Decision on Application for Paternity Testing
Outcome
Paternity testing not ordered at this time; applicant permitted to seek review no earlier than 18 months from judgment; ancillary procedural directions issued
Legal Topics
Paternity Testing, Best Interests of the Child, DNA Testing, Parentage Disclosure, Judicial Discretion
Source Language
English
Family Law Paternity Child Welfare Civil Procedure Paternity Testing Best Interests of the Child DNA Testing Parentage Disclosure +1 more

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Parties

D.F.

Applicant

K.G.

Respondent

Procedural Posture

Family Law Paternity Testing / Decision on Application for Paternity Testing

Legal Issues

  1. 1 Whether to order DNA paternity testing to determine biological parentage of a 13-year-old child
  2. 2 Whether ordering testing now would be in the child's best interests given his medical and psychological history
  3. 3 Weighing applicant's statutory right to testing against potential prejudice to the child and family stability

Ratio Decidendi

Court declined to order paternity testing at this time because, after weighing statutory authority and case law, the child's best interests and risk of significant prejudice to a medically and psychologically vulnerable 13-year-old outweighed the applicant's interest in immediate testing; court left application open for review no earlier than 18 months to balance stability and the child's right to know.

Court Disposition

Paternity testing not ordered at this time; applicant permitted to seek review no earlier than 18 months from judgment; ancillary procedural directions issued

Orders

  • Paternity testing declined at this time
  • Applicant may apply for review of paternity testing no earlier than 18 months from date of judgment