Paternity—DNA testing—Jurisdiction

Court of Appeal, Civil Division, Longmore, Underhill and Macur LJJ, 17 Sep 2013

DNA testing to establish paternity should not be ordered unless it is necessary for it to be done before a conclusion can be reached. It is best carried out in a welfare context and by the court of the child’s habitual residence.

Mark Jarman for the father. Robin Powell for the mother.

The proceedings concerned a child, L, born in 2008. The parents were Latvian nationals. Following their separation, the father had regular contact with L, and L resided with the father for a period while the mother worked abroad. In 2012, difficulties arose about the father continuing to have contact with L, resulting in the father issuing proceedings in Latvia. An agreement reached between the parents was recorded in an order of the Latvian court, which recorded that the father’s claim had been pursued to establish a procedure for exercising rights “with the daughter”.