Abuser's solicitor — reply to late DNA demand

From: [YOUR FULL NAME], parent with care of [CHILD'S NAME, DOB]

Safe contact address: [EMAIL / SAFE ADDRESS]

To: [SOLICITOR'S NAME], [SOLICITOR'S FIRM]

Reference: [PAYING PARENT] / [CMS REF or court case number]

Date: [DD / MM / YYYY]

Dear [SOLICITOR'S NAME],

I write in response to your letter dated [DATE] demanding a DNA test in relation to [CHILD'S NAME, DOB]. I do not consent to any DNA test being carried out on [CHILD], and I do not accept that your client can bypass the court process.

Section 26 of the Child Support Act 1991 sets out the presumptions of parentage. Your client falls within one or more of those presumptions. The presumption can only be displaced by a court declaration under section 27 of the Child Support Act 1991 or section 55A of the Family Law Act 1986.

A scientific test may only be directed by the court under section 20 of the Family Law Reform Act 1969. Under section 21(3) of that Act, a sample may not be taken from a child under 16 without my consent as the person with care, unless the court is satisfied that it is in the child's best interests.

The welfare of the child is paramount under section 1 of the Children Act 1989. A late, unilateral demand after years of accepted parentage and non-payment is not in [CHILD]'s best interests.

This demand is made in the context of domestic abuse within the meaning of section 1 of the Domestic Abuse Act 2021. It is part of a pattern of post-separation economic abuse under section 1(4) of that Act and controlling or coercive behaviour under section 76 of the Serious Crime Act 2015. [CHILD] is also a victim under section 3 and section 69 of the Domestic Abuse Act 2021.

I ask you to consider Practice Direction 12J and Re H-N [2021] EWCA Civ 448 when advising your client. Any litigation through the child maintenance system or the family court will be scrutinised as a continuation of that abuse.

If your client genuinely disputes parentage, the proper route is an application to the court under section 27 of the Child Support Act 1991 / section 55A of the Family Law Act 1986, with a request for a DNA direction under section 20 of the Family Law Reform Act 1969. Until a court orders otherwise, the existing child maintenance calculation remains payable in full and on time.

Any attempt to obtain a sample from [CHILD] without my consent or a court order is unlawful and will be reported to the police and to the court. Any private, solicitor-arranged or 'voluntary' test is not agreed to and will not be accepted.

Please communicate with me in writing only. Do not telephone me or attend my home. Any breach of this will be treated as harassment and reported to the police.

Yours faithfully,

[SIGN AND PRINT NAME]