In L v P (Paternity Test: Child’s Objection) [2011 EWHC 3399 Fam the Court ruled that a 15 year old girl who objected to a DNA test was competent to make this decision and the application by her father for a Specific Issue Order to have a DNA test was refused.
The father contested paternity after the mother issued an application for child maintenance and sought arrears of £20,000. The mother did not object to the DNA test but the child did. She argued that the outcome could profoundly alter her relationship with both her father and her mother, by whom she may well then feel deceived. This was an unusual case as the law would normally regard it to be in a child’s best interests to have paternity confirmed. Mr Justice Hedley said of the child:
“…a substantial part of her reasoning is rational and cogent and reflects a degree of maturity and understanding which compels respect. To that one must also add that were this a case in which she wished to consent she would undoubtedly be treated as wholly entitled to consent irrespective of what anybody else chose to say …”
The Judge declined to order the DNA test taking into account the child’s overall welfare and her own concerns, and the cumulative effect of the circumstances and how they would impact upon the child.
In any decision concerning a child the welfare of the child is the paramount consideration. Each case turns on it’s own facts and taking into account the child’s age and understanding of the issues involved their views and wishes are often very important.
In this case the Judge clearly accepted the 15 year old child understood the issues and what was in their best interests but this is not always the case.