C.S. AGAINST K.S. AND J.S. [2014] ScotSC 99 (04 November 2014)

C.S. AGAINST K.S. AND J.S. [2014] ScotSC 99 (04 November 2014)

The presumption of paternity was rebutted on the balance of probabilities due to the first defender's affair with AB at the likely time of conception, the refusal to cooperate with DNA testing (from which adverse inference was drawn), and the significant differences in skin and eye colour between JS and the pursuer, all of which indicated that the pursuer is not the father of JS.

Citation
[2014] ScotSC 99
Parties
Pursuer: C S; First Defender: K S; Second Defender: J S
Jurisdiction
Scotland
Judgment Date
04 November 2014
Procedural Posture
Family Action (declarator of Non Parentage) / Judgment After Proof (trial)
Outcome
Declarator granted; pursuer declared not the father of JS.
Legal Topics
Paternity, Presumption of Legitimacy, Declarator of Non Parentage, DNA Testing, Adverse Inference
Family Law Paternity Presumption of Legitimacy Declarator of Non Parentage DNA Testing Adverse Inference

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Parties

C S

Pursuer

K S

First Defender

J S

Second Defender

Procedural Posture

Family Action (declarator of Non Parentage) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the pursuer is the father of the child JS
  2. 2 Whether the presumption of paternity under section 5(1)(a) of the Law Reform (Parent and Child) (Scotland) Act 1986 is rebutted

Ratio Decidendi

The presumption of paternity was rebutted on the balance of probabilities due to the first defender's affair with AB at the likely time of conception, the refusal to cooperate with DNA testing (from which adverse inference was drawn), and the significant differences in skin and eye colour between JS and the pursuer, all of which indicated that the pursuer is not the father of JS.

Court Disposition

Declarator granted; pursuer declared not the father of JS.

Orders

  • Finds and declares that the pursuer is not the father of the child JS.