Navigating paternity of a child can be a difficult process

Determining the paternity of a child can seem like a complicated and daunting process. You can apply to the Family Court for a Declaration of Paternity, which is a legal statement issued by the court that declares the paternity of the child based on evidence provided.

The application for a Declaration of Paternity can be used to determine if a man is the father or not.

The best evidence to provide to the court is a parentage test (DNA test).

Parties can voluntarily undergo DNA testing. If one party refuses, the court does not have the power to order someone to undergo DNA testing, the court can only recommend this.

Where DNA testing is refused, the court may draw such inferences from the fact of refusal as it deems proper in the circumstances.

It is important to note that for the court to establish paternity without conclusive DNA testing it must be determined on the balance of probabilities.

Therefore, it is extremely important to provide as much evidence as possible in support of your claim.

For instance, if you believe a child is not your biological child you would need to provide an affidavit in support of your application for a Declaration of Paternity.

The affidavit will support your claim by including any intimate details of the relationship between the mother and the alleged person you believe to be the father of the child. Specific dates and any witnessed events are also listed in detail to give the court a clear understanding of your reasoning.

In extreme cases, should the court recommend DNA testing and a party refuses, an application can be made for the child to be placed under the guardianship of the court with a third party, such as the chief executive of the Ministry for Children, for testing to take place.

However, this option should be viewed as a last resort.

If you have any concerns, you may apply to the Family Court for a Declaration of Paternity in the first instance.

Your lawyer can assist you in drafting the affidavit in support of your application. In the event that the court recommends a paternity test and the other party refuses, your lawyer can then evaluate your options moving forward.