Re: Advice needed on taking children abroad after break up/divorce.
There are laws to stop your ex's partner getting a DNA test if it's not in the child's best interests, even through he has basic human rights to a DNA test. I will provide my view by explaining the law and applying it the facts as you state them, or what I think may be the facts.
Under the Family Law Reform Act 1969(FLRA), section 21, the UK courts can order a DNA test. So it needs to be done via a court order, he cannot just force their ex partner. In the UK, the highest court said it will consider the father's right unless it is against the 'child's best interests:' House of Lords in S v S, W v Official Solicitor [1972] AC 24 (House of Lords). The person actually has general human rights under Article 7, Human Rights Acts 1998 to have a DNA test done, as depriving him of this right would amount to punishment without any legal basis. However human rights only go so far and are by no means guaranteed as the state (ie the main authorities in the country) has the right to interrupt (qualified rights) their human rights in certain circumstances: ie not in the child's best interests: Yousef v the Netherlands [2002], as a prime example which is a good legal precedent. In view of the House of Lords case and Yousef, it is probably not in the child's best interests in my view as the person has no reason to believe he is not their parent. For instance, is the alleged parent's name on the birth certificate? Has the person raised any doubts about being the legitimate parent at any point during the course of their relationship, did this person suspect there were other potential persons who may be the parent? If not it is likely the court will see the person as a genuine parent albeit intent on making life hard for the your current partner/ child's other parent. If you can prove that there is or would be a risk of serious harm it's unlikely also the UK courts would permit under s.21,FLRA 1969 (as above) despite any rights your ex has. Well in the case you present your partner’s ex is a risk as he has assaulted her likely on more than one occasion and he has also been removed from their marital home.
Originally posted by ballymoss
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Under the Family Law Reform Act 1969(FLRA), section 21, the UK courts can order a DNA test. So it needs to be done via a court order, he cannot just force their ex partner. In the UK, the highest court said it will consider the father's right unless it is against the 'child's best interests:' House of Lords in S v S, W v Official Solicitor [1972] AC 24 (House of Lords). The person actually has general human rights under Article 7, Human Rights Acts 1998 to have a DNA test done, as depriving him of this right would amount to punishment without any legal basis. However human rights only go so far and are by no means guaranteed as the state (ie the main authorities in the country) has the right to interrupt (qualified rights) their human rights in certain circumstances: ie not in the child's best interests: Yousef v the Netherlands [2002], as a prime example which is a good legal precedent. In view of the House of Lords case and Yousef, it is probably not in the child's best interests in my view as the person has no reason to believe he is not their parent. For instance, is the alleged parent's name on the birth certificate? Has the person raised any doubts about being the legitimate parent at any point during the course of their relationship, did this person suspect there were other potential persons who may be the parent? If not it is likely the court will see the person as a genuine parent albeit intent on making life hard for the your current partner/ child's other parent. If you can prove that there is or would be a risk of serious harm it's unlikely also the UK courts would permit under s.21,FLRA 1969 (as above) despite any rights your ex has. Well in the case you present your partner’s ex is a risk as he has assaulted her likely on more than one occasion and he has also been removed from their marital home.
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