Child maintenance
CMS — reply after refusing a late DNA test
Send to the CMS after you have refused a late DNA test. It asks the CMS to keep the calculation running, records the refusal, and tells CMS not to suspend or facilitate any test without a court direction.
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
REFUSAL OF LATE DNA TEST — REPLY TO CHILD MAINTENANCE SERVICE
Child Maintenance Service
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From: [YOUR FULL NAME], NINO [YOUR NI NUMBER]
CMS reference: [CMS REF]
Safe contact: [EMAIL / SAFE ADDRESS]
To: Child Maintenance Service
Date: [DD / MM / YYYY]
1. My refusal
Dear Sir / Madam,
I am writing to confirm that I do not consent to any DNA or paternity test being carried out on [CHILD'S NAME, DOB] in response to the demand dated [DATE] from [PAYING PARENT].
Parentage has been accepted since [DATE] by [select: named on the birth certificate / marriage / CMS calculation without objection / voluntary payments / previous court order]. Any DNA test may only be directed by a court under section 20 of the Family Law Reform Act 1969, and a sample may not be taken from a child under 16 without my consent under section 21(3) of that Act.
2. What I ask the CMS to do
1. Continue the existing child maintenance calculation and collection without suspension or reduction.
2. Treat this demand as part of the Domestic Abuse Service Type on my case — specifically as economic abuse under section 1(4) of the Domestic Abuse Act 2021 and controlling or coercive behaviour under section 76 of the Serious Crime Act 2015.
3. Record [CHILD] as a victim of domestic abuse under section 3 and section 69 of the Domestic Abuse Act 2021.
4. Do not require, arrange or facilitate any private or solicitor-arranged DNA test.
5. Treat the non-payment history as a priority enforcement case and consider a deduction from earnings order, regular or lump-sum deductions, or a liability order.
6. Confirm your actions in writing within 14 days.
3. The child's rights
[CHILD] has a right to a stable identity under Article 8 of the European Convention on Human Rights and under Articles 3, 7, 8 and 27 of the United Nations Convention on the Rights of the Child. A late, unilateral DNA demand after years of accepted parentage is not in [CHILD]'s best interests.
4. Reservation of rights
I reserve all my rights and [CHILD]'s rights. If the CMS suspends or reduces collection without a court declaration under section 27 of the Child Support Act 1991, I will escalate through the CMS complaints procedure, the Independent Case Examiner, my MP and, if necessary, the First-tier Tribunal.
Yours faithfully,
[SIGN AND PRINT NAME]