Well, one of a number of hull breaches has been repaired anyways.
That is, the DNA testing pilot that has been running here in Bristol will be rolled out nationally from September. Yay! Small trumpets.
It would have been two trumpets and a cymbal if the drug and alcohol testing pilot were also going to be rolled out, but in fact that is subject to further pfaffing (there will be a further pilot). That is disappointing – it is frankly a no-brainer that it should be rolled out. Alcohol and drug testing is a block to progress in far more cases than paternity.
No mention of where the money will come from though – will it come from existing CAFCASS funds or will they get some extra funds? And if so what impact will it have on other services?
See MoJ Press release here and BBC report here (with what I think is the rather optimistic headline of : “DNA Test Funding “Could End Family Court Battles””.
What’s new (ie that wasn’t in FLRA 1969 s 20 before?); or is it just the funding of all this and on whose application the direction is made?
And as for the MoJ press office. ‘The funding for DNA testing in private family law cases follows the introduction last year of the biggest reforms to the family justice system for a generation. These have placed children at the heart of every case and have cut to 29 weeks the time which care cases are taking.’ Wonderful…. Er; or when does muddlement – 3 different aspects of family proceedings are mixed up in this short para: care proceedings; private family law cases and ‘biggest reforms’ (only because Sir Munp says so) – become obfuscation, even misleading?
Do we know yet, how are we to know whose application will release what funds?
On whose application will DNA be tested? That of a husband or partner who hopes to avoid paying maintenance, and should not if he has been cheated?
Or that of a mother (usually) who is trying to block contact, or a man (usually) trying to get it, in which case bio-paternity is not the be-all and end-all?
Yes, I’m not entirely sure how many disputes this will “resolve” instantaneously. Only perhaps those where there is no existing relationship with the child and, as it turns out, no biological link either.
Anyone yet got the report of the other recent HHJ Dodds judgment where he all but summarily executed a child for applying for a DNA test? I’ve only seen a summary.
No, but I believe other bloggers have enquired about it with the judicial press office with no clear response.
Sorry me again: depends on who applies. Normally has to be in existing proceedings, save where for a declaration under FLA 1986 s 55A (FPR 2010 Part 8)
Yes, and wait for the row-back if significant numbers of tests take children off maintenance and onto benefits!
There is already a system for DNA testing via the CSA I think.
I believe the alleged father has to pay the cost upfront.
from memory it can be done in installments, but not sure…
An applicant is likely to be person wi care (mother or other carer) or SofS (ie CSA) (CSA 1991 s 27(1)) by declaration under FLA 1986 s 55A (the only way a free-standing parrentage application can be made). If a DNA direction is made (FLRA 1969 s 20(1)), then under FLRA 1969 s 20(6) the fee is paid by the applicant (carer or CSA/SofS). If SofS pays, and the alleged father is held to be so, CSA can claim the fee back from him under CSA 1991 s 27(3). Any more questions, I hope it’s covered in the Red Bk graciously advertised on this site…