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'Can the courts order a paternity test?'

Q: In situations where two unmarried parents are vying for custody of a child, can a paternity test be ordered by the court, if it is believed there is some question over the identity of the father? The child lives just with me at the moment.

Jenny, 26.

our online advisors reply:

Normally, paternity testing requires the consent of the parent with care and control of the child. That means the person who is responsible for looking after the child, making everyday decisions about them, and providing their main home. From what you have said it sounds as if you probably have care and control over the child.

However, courts in England, Wales and Northern Ireland do indeed have the authority to order that a paternity test be carried out, with or without consent. Although evidence and opinions from any parties concerned may be taken into consideration, it is the court's decision.

In this kind of situation, courts are supposed to make their decisions according to what is the best thing for the child. In fact, they can also direct that a test is not carried out if it is deemed not to be in the child's best interests.

You can find further information and more sources of help in our own article on paternity testing.

You don't say whether you are involved in this situation now, but I would advise anyone facing a legal dispute like this to contact a solicitor as soon as possible. You can get general information on the web but if you're involved in a case it's best to have face-to-face advice and representation. You may qualify for publicly-funded legal representation if you are on a low income. The Law Society has a website – Solicitors Online – where you can search for solicitors in your area who specialise in family law.

If you could use some extra support, or just want to talk to someone, you could contact Gingerbread. This is an organisation specifically for single parents. The helpline number is 0800 018 4318 and it's open on weekdays from 9am to 5pm. The Gingerbread website can be found at www.gingerbread.org.uk and includes some excellent practical help factsheets for lone parents.

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