S.C. v. C.T.

S.C. v. C.T.

The court will not order DNA testing of the respondent on the evidence before it due to the applicant’s lack of credibility and doubts as to bona fides; the application is adjourned without day to allow DNA testing of an alternative man the applicant identifies as a potential father, and further testing or...

Source-derived case information.

Citation
2007 NSFC 32
Parties
Applicant: S. C.; Respondent: C. T.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
13 August 2007
Procedural Posture
Family Court – Declaration of Paternity / Decision (application for DNA Testing Adjourned)
Outcome
Application for DNA testing adjourned without day; not dismissed; court finds applicant lacks credibility and application appears to lack bona fides but leaves door open for testing of an alternative alleged father.
Legal Topics
Declaratory Relief, Paternity Testing, Best Interests of the Child, Bona Fides and Credibility, Statutory Interpretation
Source Language
english
Family Law Paternity Vital Statistics Evidence (dna Testing) Declaratory Relief Paternity Testing Best Interests of the Child Bona Fides and Credibility +1 more

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Parties

S. C.

Applicant

C. T.

Respondent

Procedural Posture

Family Court – Declaration of Paternity / Decision (application for DNA Testing Adjourned)

Legal Issues

  1. 1 Whether DNA testing should be ordered to determine paternity
  2. 2 Whether the applicant has the requisite bona fides and credibility to warrant testing
  3. 3 Whether ordering DNA testing is in the best interests of the children

Ratio Decidendi

The court will not order DNA testing of the respondent on the evidence before it due to the applicant’s lack of credibility and doubts as to bona fides; the application is adjourned without day to allow DNA testing of an alternative man the applicant identifies as a potential father, and further testing or declaratory relief may be ordered depending on those results if a genuine issue of paternity and the best interests of the children warrant it.

Court Disposition

Application for DNA testing adjourned without day; not dismissed; court finds applicant lacks credibility and application appears to lack bona fides but leaves door open for testing of an alternative alleged father.

Orders

  • Application for DNA testing adjourned without day
  • Applicant to pursue DNA testing of the other man she identifies as a possible father; depending on results the applicant may reapply and the court may, on due notice, grant a declaratory order as to paternity