MS v RS and BT (Paternity)

MS v RS and BT (Paternity)

It is not in the best interests of the children, who are Gillick competent and strongly object to further forensic DNA testing, and who are experiencing significant emotional distress, for the court to determine the application for a declaration of non-paternity at this time on the current deficient evidence. The surreptitious DNA test is not forensically reliable, and the presumption of legitimacy is not rebutted. The application is adjourned generally, with directions for adult DNA samples to be taken and held, and the order for child samples stayed indefinitely, leaving the matter open for future determination if circumstances change.

Parties
Applicant: MS; First Respondent: RS; Second Respondent: BT; Third Respondent: AS; Fourth Respondent: BS
Jurisdiction
England and Wales
Judgment Date
22 April 2020
Procedural Posture
Family Law Declaration of Parentage / Final Judgment After Full Hearing
Outcome
Application not determined at this time; adjourned generally with liberty to restore.
Legal Topics
Paternity, Presumption of Legitimacy, DNA Testing, Best Interests of the Child, Gillick Competence, Declarations of Parentage
Family Law Child Law Paternity Presumption of Legitimacy DNA Testing Best Interests of the Child Gillick Competence Declarations of Parentage

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Parties

MS

Applicant

RS

First Respondent

BT

Second Respondent

AS

Third Respondent

BS

Fourth Respondent

Procedural Posture

Family Law Declaration of Parentage / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the applicant (MS) is the biological father of the children A and B
  2. 2 Whether it is in the best interests of the children to determine the application for a declaration of non-paternity at this time
  3. 3 Whether the evidence (including surreptitious DNA testing) is sufficient to rebut the presumption of legitimacy

Ratio Decidendi

It is not in the best interests of the children, who are Gillick competent and strongly object to further forensic DNA testing, and who are experiencing significant emotional distress, for the court to determine the application for a declaration of non-paternity at this time on the current deficient evidence. The surreptitious DNA test is not forensically reliable, and the presumption of legitimacy is not rebutted. The application is adjourned generally, with directions for adult DNA samples to be taken and held, and the order for child samples stayed indefinitely, leaving the matter open for future determination if circumstances change.

Court Disposition

Application not determined at this time; adjourned generally with liberty to restore.

Orders

  • Father, mother, and putative father to provide DNA samples for testing; results to be held by Cafcass in sealed envelope.
  • Children to provide DNA samples for testing, but order stayed without limit of time and liberty to restore.