DNA testing to be provided in all private family law proceedings

From September all family court judges will be able to order DNA tests to determine a child’s parentage.

This decision follows two pilot schemes in Taunton and Bristol which were set up to look into courtroom arguments leading to delays in divorce cases, particularly where parentage was in question. Findings from the pilots suggested that the tests mean judges could be more confident when making decisions about children and parents would be more likely to follow the court’s orders.

Justice Minister Simon Hughes has stated:

“I am determined that all cases involving children should be resolved quickly and wherever possible outside court.

However when they do come to court they should be resolved in a civilised way so that children don’t suffer. Unambiguous and conclusive DNA tests will prove parentage and help to end acrimonious and embarrassing court battles.”

The pilot schemes also explored whether alcohol and drug tests could be restricted without a means test to cases where their findings were determinative in family court cases. These results were inconclusive, so the Children and Family Court Advisory and Support Service (CAFCASS) will develop a new model for delivering drugs and alcohol testing over the next few months which will be affordable and provide the courts with certainty.