Judges To Be Given Power To Order Tests To Avoid Delays From Courtroom Arguments

All family court judges in England will be given the power to order DNA parentage tests from September, at public expense, following two successful pilot schemes.

The trials in Taunton and Bristol were set up following anecdotal evidence that family cases involving children were delayed by courtroom arguments, particularly where parentage was in question.

Findings suggest that using DNA tests quickly means judges can be more confident in making decisions, and parents are more likely to follow the court's orders.

Funding for the tests will come from the budget of the Children and Family Court Advisory and Support Service, known as CAFCASS, with between £500,000 and £1 million allocated a year.

Announcing the move, Justice Minister Simon Hughes said: "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."

Expert Opinion

DNA testing has long been used to establish parentage in family law cases, but what is new in this announcement is confirmation that judges now have powers to order tests which will then be funded by CAFCASS. <br/> <br/>"The importance of such testing cannot be downplayed, as it can help significantly in cases where disputes emerge between separating couples regarding arrangements for their children. It also will provide key clarity in instances when parties look to avoid their responsibilities by alleging they are not a parent. <br/> <br/>"We see numerous cases where these issues can come into play, with such problems only serving to make legal battles more time-consuming and emotionally draining for both the parents involved and – more importantly – their children. <br/> <br/>"What is concerning is that funding for these tests will come from the budget of CAFCASS which is already overstretched and underfunded. CAFCASS has an important role to play in the majority of cases coming before the court, whereas DNA testing is a feature in a minority of cases. It is hoped that the Minister is not simply resolving one problem by creating another. <br/> <br/>"This additional power is however to be welcomed and could be a vital step forward in ensuring that a child’s best interests are always put at the heart of cases related to divorce and separation, but only if the system is properly funded overall."