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Whos responsible for proving fathers parentage????

  • JustWantsToBeFree
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29 Sep 10 #227003 by JustWantsToBeFree
Topic started by JustWantsToBeFree
If the man isn't on the birth certificate and didnt attend the birth and doesnt believe his daughter is his but his stbx has told csa he is the father who's responsibility is it to prove the man is indeed the father?

Surely it would be the mothers responsibility to prove the man is the father as the man isn't on the birth certifictate and has told csa is isnt the father hence why he isnt on the BC?????

It would be understandable for the man to have to prove he isnt the father if his name was on the birth certificate but not the other way around!

  • Fiona
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29 Sep 10 #227010 by Fiona
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When someone denies they are the parent they are required to pay child support until they can prove they are not the parent. See;


www.csa.gov.uk/en/about/faq/disputed-parentage.asp

  • JustWantsToBeFree
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29 Sep 10 #227013 by JustWantsToBeFree
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But the fact he is not on the birth certificate, does that not make a difference?

I could say my next door neighbour fathered my child but there not on the birth certificate and csa would then take money from them?

CSA are so backwards its unreal!

The man doesnt see why he should prove he isnt the father, he thought him not being on the birth certificate should be enough to say he isnt the father, and the mother should have to prove he is the father. He would be happy to prove it if he was on the birth certificate as that would mean he was the numpty for putting his name on it when he knew he wasnt the father in the first place.

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29 Sep 10 #227015 by rubytuesday
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One of the situations that the CSA will assume parentage (until proved or disproved) is the refusal to take a DNA test.

If you read the link Fiona has put up for you, you will get far more information.

  • BirkenheadBoy
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29 Sep 10 #227027 by BirkenheadBoy
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Before you get too carried away with your moral outrage lets not forget the pain and upset caused all over the country every day by men trying to avoid taking resposibility for children they have fathered.

If the man was in a relationship of some sort with the woman at the time she became pregnant that it is a perfectly reasonable assumption that he might be the father.

I do not understand why the man involved isn't willing to have a DNA test to settle the issue. If he isn't willing to have a DNA test it seems to me that it would be impossible for the woman to prove he was the father, meaning he can then hide behind that to avoid paying maintence while trying to portray it as a principled position.

A DNA test could sort the issue quickly and easily and I have no problem at all with the idea that he should pay CM for as long as he refuses to co-operate with the process.


Simon

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29 Sep 10 #227031 by Forseti
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Don't expect logic or justice from the CSA. If you are named as the parent (let's stop using political correctness - we all know they mean 'father') they will assume that the claim is justified; if you are not the father you will have to prove it and you initially have to pay for it. Utter madness, but there you go. If you are not the father you will get a refund for any child support paid through the CSA as well as for the DNA test. To be fair to them, they do pay up promptly.

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29 Sep 10 #227033 by Fiona
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JustWantsToBeFree,

You may have a point, but we all have to work in the system as it is.

Historically the Government's justification was many fathers avoided their child support obligations by denying parentage. The parent with the majority of care would then need to take the matter to court incurring expenses they could not afford. The result was child support wasn't pursued and the children went without.

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