All family court judges will be given powers to order and fund DNA tests to determine a child’s parentage, from September.
Public funding for DNA, alcohol and drug testing was removed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. However, anecdotal evidence suggested the lack of tests was causing delays in private family cases, particularly where parentage was in question.
Two pilot DNA testing schemes were set up in Taunton and Bristol last year. The results were positive, suggesting judges could be more confident when making decisions about children and, most importantly, parents would be more likely to follow the court’s orders.
David Nicholson, a director at DNA Legal, which took part in the pilots, says: “The individuals involved were generally grateful to have the tests as it cut down on delays.
“It helps everyone—the court, the parties involved and litigants in person. Previously, court hearings were being delayed because people could not afford the tests.”
The pilots also explored the use of alcohol and drug tests in family court cases. These results were inconclusive, so the Children and Family Court Advisory and Support Service (Cafcass) is to test and develop a new, affordable model for delivering drugs and alcohol testing over the coming months.
Justice Minister Simon Hughes says: “Unambiguous and conclusive DNA tests will prove parentage and help to end acrimonious and embarrassing court battles.”
Meanwhile, it was announced this week that the Department for Education is to fund further Family Drug and Alcohol Courts (FDACs) in England. Currently FDACs can be found in London, Gloucestershire and Milton Keynes.
