Paternity Issues

For people with paternity issues please see this below it is from the CSA operating procedures.

Paternity - New Application

PWC contacts agency asking to open case – details are taken accordingly
NRP is contacted – initial attempts are by phone if number available, if no answer or no number available NRP will be send MEF (Maintenance Enquiry Form) along with covering letter stating name of PWC and name of QC(s). NRp will be asked if they accept paternity of QC(s) named in the PWC’s application

1. If NRP accepts of child (ren) case is opened.

2. If NRP denies paternity on initial MEF on MEF call or MEF form NRP will be offered DNA testing for QC(s) – this can be only, all or some (exceptions to this is where QC(s) are adopted. New App team will refer case to Complex Case Worker and DNA test(s) will be referred to Cellmark – Cellmark will contact NRP and PWC to make arrangements for tests to be carried out. NRP will be required to attend a specified medical facility (may be their own GP) and must present photographic ID. Tests are taken and sent to Cellmark lab. Results are supplied to CSA.
If NRP is proven to be the biological parent the case will be opened and an assessment for CM will be progressed and the NRP will be held liable for regular maintenance back to the Initial Effective Date (the date the NRP was first contacted by the CSA).
If the NRP is proven not to be the biological parent of the only QC named in the application the case will be closed, the PWC cannot re-apply for this child and this NRP at any point. 

If the NRP is proven not to be the biological parent of 1 or some of the QCs in the application the child (ren) who are proven not to be the biological children of the NRP will be removed the case will remain open to include QC(s) who have been proven to be the biological child (ren) of the NRP, NRP will be liable for RM of any QC proven to be the biological child (ren) of the NRP. The NPR will be held liable for the cost of DNA test(s) that prove the NRP to be the biological parent of child (ren), the CSA will pay the cost of the DNA test(s) that prove the NRP not to be the biological parent of child (ren).

If PWC refuses to allow a DNA test the case will be closed (if there is only 1 QC named) or the appropriate child (ren) will be removed from the application if there are multiple children. The PWC can re-apply naming QC(s) at a later date and the NRP will be asked again if they accept paternity of QC(s), if paternity is accepted the case will be opened and assessed, if paternity is denied DNA testing will be re-offered.

3. If NRP accepts paternity on initial MEF call and later questions paternity NRP must advise CSA and will be advised that they are required to obtain a Declaration of Non-parentage via the courts. The CSA will not pay the costs of obtaining a Declaration of Non-parentage.
If a Declaration of Non-parentage is obtained the case will be closed – or the appropriate QC will be removed from the case.

If a Declaration of Non-parentage is not supplied to the CSA the case will remain open. Liability for CM for a QC for whom NRP has obtained a Declaration of Non-parentage will cease from the date the paternity dispute is reported to the CSA, if however the NRP reports a dispute and does not take action to obtain a Declaration of Non-parentage within a reasonable time the case worker can decide to issue a refuse to review – example of which would be NRP calls CSA 1st March 2010 and states they dispute paternity of QC A, is advised to apply to court for Declaration of Non-parentage but fails to apply until 20th Nov 2010 a case officer may decide to issue a Refuse to Review letter on 30th June (these timescales are not specific). If NRP does not provide the Declaration of Non-parentage within a reasonable time but contacts the CSA to report that there are delays due to PWC not complying with the court the dispute can remain open.
Paternity of QC(s) can be presumed on any application where the NRP does not respond to MEF calls and fails to return the MEF form. If paternity is presumed and NRP later disputes this NRP will be required to obtain a Declaration of Non-parentage via the courts.

Paternity – re-applications
If a PWC closes a case where paternity was previously accepted by the NRP and at a later date the PWC submits a re-application the NRP will be contacted – again initially by phone and if no response MEF form and covering letter – NRP will be asked if they accept paternity of QC(s) – paternity of a QC accepted in a previous case can be denied in a re-application.
Paternity of QC(s) previously denied and proven via DNA testing cannot be denied on a re-app. If paternity is disputed for QC(s) on a re-application DNA testing will be offered on the same basis as paternity denied for QC(s) on a new application.

Family Procedure Rules  https://www.justice.gov.uk/courts/procedure-rules/family/formspage

 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/325192/if-someone-denies-parentage.pdf

Magistrates' Courts (Declarations of Parentage) Rules (Northern Ireland) 2002 http://www.legislation.gov.uk/nisr/2002/158/made

 Disputing parentage http://www.nidirect.gov.uk/disputing-parentage