Family court judges in England will have power from September to order DNA tests in divorce cases to settle parentage disputes, following evidence that court-room battles were delaying settlements.
“Unambiguous and conclusive DNA tests will prove parentage and help to end acrimonious and embarrassing court battles,” said the Liberal Democrat justice minister, Simon Hughes.
Findings from two pilot studies in the West Country show that judges become “more confident when making decisions about children”, while the couple is more likely to heed court edicts.
The pilots in Bristol and Taunton also considered the testing of parents for drugs and alcohol abuse before custody decisions, but the results were inconclusive.
Family solicitor Liz Cowell said DNA tests would help in cases where a mother argues that a partner has no right of contact as he is not the natural parent; or in cases where parents try to avoid maintenance by untruthfully denying parentage.
“We have experienced situations where we act for a mother and the father says he wants contact with his child, but he will not pay maintenance as he is not the father,” said Ms Cowell.
Solicitors’ fears
The DNA tests will be paid for by the Children and Family Court Advisory and Support Service, though solicitors – who back the move – fear that the extra costs will cripple an already-struggling service.
Tests have long been used in courts, but the ministry of justice’s move differs in that it gives judges powers to order them.
Rows over parentage, says Peter Morris from the Leeds-based Irwin Mitchell firm of solicitors, drag out court cases and are “emotionally draining for both the parents involved and – more importantly – their children”.
