JMW’s family law team offered a tailored solution that protected our client’s family when he decided not to undergo a DNA test following another party’s application for a declaration of parentage.

The Case

JMW acted for the respondent (Y) in an application for a declaration of parentage. The applicant was a 47-year-old woman (X) who had taken steps to search for her biological father using ancestry websites and a genealogist. Through this research, she had located our client and believed him to be her father.

Our client didn’t take any issue with the factual account given by the applicant, and he initially agreed to a DNA test. However, by the time he had been traced, Y had his own family and was very mindful about the impact of the proceedings on them. On reflection, Y did not wish to provide the DNA test as directed by the court, as he had a genuine concern that taking the test would suggest he wanted a social relationship with the applicant, which wasn’t right for him or his family at the time of the proceedings.

How Did JMW Help?

When Y turned to JMW, we advised him that, in accordance with the law, his refusal to provide samples for the purpose of paternity testing - along with the circumstances surrounding the applicant’s conception - would likely draw the court to infer that he was the applicant’s father. During this process, we helped our client to understand how the evidence might be considered by the court and provided him with practical and emotional support, while developing a legal strategy.

Ultimately, we prepared a comprehensive and thoughtful statement on behalf of our client which set out in detail his position and how the application had caused a great deal of stress to him, his wife and his wider family. We also outlined his real concern that, if he actively engaged in the proceedings, this would provide false encouragement to the applicant to seek to pursue a relationship with him. We set out our client’s position that he respected that X was entitled to establish her identity and that if an application for a declaration of parentage was made, he would not oppose this.

The Outcome

A declaration of parentage was granted in favour of the applicant without the need for a DNA test. This enabled the applicant to move forward with her life but also protected our client’s position and respected the submissions we had made on his behalf in relation to engagement with the proceedings.

The client chose JMW because he needed a family law team that would be able to advise him comprehensively on the law in this area, but also have the sensitivity and tact to deal with such a delicate issue. We managed the client’s expectations as to the likely outcome of the case and were able to guide the client through a very stressful and emotional process.

Read the full judgment here: X v Y [2022] EWFC 77 (07 July 2022)