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Family Law
- Children |
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Paternity Disputes
If there is a dispute about whether the
father of the child is the child’s natural
father this can be resolved by the court. If
you are a child you can apply to the court
under the Family Law Act 1986 for a
"Declaration" that a particular person is
your parent and that you are the legitimate
child of your parents.
If you are under 18, someone over 18 will
have to make the application on your behalf,
they are known as your "Next Friend".
Also if you are a father and you have been
asked to pay child support, but you do not
believe the child is yours, you can apply
under the Child Support Act 1991 for a
Declaration that either you are or you are
not the father.
If in any proceedings under the Children Act
there arises a dispute about parentage then
the court will settle this dispute before
making any Orders about the child.
To decide on parentage the court can order
that both parents and the child must take
blood tests. The parents will usually both
have to pay for the cost of the blood tests.
If you are on Legal Aid then the Legal Aid
Board may agree to pay the costs of the
blood tests for you. |
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| Spotlight on Family Law |
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Divorce
A divorce cannot be applied for until the
couple have been married for at least one
year. There are no exceptions to this rule.
To get divorced in England and Wales, the
marriage must be recognised as valid by
United Kingdom law and one of the partners
must:-
» be living in England or Wales when the
divorce is applied for
» have been living in England or Wales
during the year before the application is
made.
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