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70alex71 · Sep 23, 2009, 12:04 PM

My court case: the mother of my daughter registered our daughter as single mother (we were not married). We have been in court for 18 months. Based on all evidence provided (unofficial DNA test, photos, movies, letters written by hand, etc.) I was recognized legally has the biological father. Now we have the appeal court. The appeal court says the previous court did not "force" the mother to make the DNA test. However, the law (in the country where I am) mentions the court can decide without the DNA test. And no one seems to understand what is meant by "force", the judges included.

1. During the 18 months in court the mother missed all 4 invitations (or orders if you prefer) to make the DNA test, she being conscious that if she would miss the last DNA test the judge would decide against her.

2. In order to make the DNA test the children (a minor with 2.5 years) and parents (or at least the interested one) should be physically present in the clinic with the respective documents.

My question: if at all possible, HOW could one force the mother (or a father) to present herself to the DNA test ? Being in the area of civil law and not on the criminal one, the police may not, for instance, apply force such as to enter the private premises where the mother lives or other premises where the mother may be living in, or even force physically the mother to displace herself - with my daughter - to the clinic to make the DNA test ?

Thank you helping. I go to the appeal court on the 07/10/09.

My email >REMOVED<

Cedarln2265 · Sep 23, 2009, 01:07 PM

Do you need answer now? I'm not understanding as your last sentence said you go to court 7/10/09 so don't you have a resolution yet?

ScottGem · Sep 23, 2009, 01:25 PM

Since the OP indicates he may not be a US citizen, I suspect the date is Oct 7, not July 10.

I do find it curious that the OP is so detailed but leaves out the key piece of info about what country he's in. I also find it curious that the OP ignored the Read First sticky on the top of the Children forum (where this was moved from). This is clearly a legal issue and belongs here.

Generally a judge does have the right to issue an order compelling a DNA test. If one or the other party does not comply, then they are in contempt of court and could be punished for being so.

But, again, this is governed by local laws and we don't know what location to search out the laws.

70alex71 · Sep 23, 2009, 11:25 PM

Yes, it is the 7-October-2009

To answer the comment from ScottGem the country I am in now is Ukraine. However this is not important as people answering this question most probably do not know the local law. What is essential to me is to know HOW this works in the country where you are in.

If I understood you correctly, you say that in the US if the mother does not attend the DNA test after the court issued an order (or invited her to be more precise) and did not provide a valid explanation to miss the test, then, according with the local law, the supposed father is can be considered the biological father (if there are other elements to help the judge decide) ? That seems normal to me.

But what happens in the appeal court ? Can the appeal court mention that such decision is incorrect ? By stating that the judge of the 1st court did not force the mother to make the DNA test ? If so, what could be meant by "force" and how do you implement it in the practice ?

AlexlionfreeATyahooDOTcom

GV70 · Sep 24, 2009, 02:03 AM

Originally Posted by 70alex71

But what happens in the appeal court ? Can the appeal court that such decision is incorrect ? By stating that the judge of the 1st court did not force the mother to make the DNA test ? If so, what could be meant by "force" and how do you implement it in the practice ?

Probably the appellate judge will order DNA tests again.
A judge cannot force you to do something... the judge can order you to do it and if you do not follow that order you will be accused of contempt of court.

ScottGem · Sep 24, 2009, 05:59 AM

Why would the laws in other countries matter? Its not going to affect your situation.

The Internet is a great place for research and, knowing the country, we may be able to find prevailing law.

But GV answered the question.

70alex71 · Sep 24, 2009, 06:51 AM

GV 70, thank you for your answer. Do you know what happens when one is in contempt to the court ? This seems to the situation in my case.

In a civil law process as such can or not the judge give an order so the police brings physically the mother and the child to the clinic to provide samples ? That would mean breaking the house where she is leaving or staying in (she will not open the door on her free will, or even hide the child in another place), or grab her in the street when walking with my daughter (she will not come on her free will) and bring her (and the child) to the clinic, or simply arrest her until she decides to bring our child to the clinic (but this seems not applicable in the civil law).

I think an appeal court should not request to make the dna tests again, when it is evident that the mother will not bring the child to the clinic on her free will. If the court would insist on that which argumentation would you propose for me to go ahead ?

GV70 · Sep 24, 2009, 10:13 AM

Originally Posted by 70alex71

Do you know what happens when one is in contempt to the court ?

Yes,I know... :)

Originally Posted by 70alex71

I think an appeal court should not request to make the dna tests again, when it is evident that the mother will not bring the child to the clinic on her free will.

Are you a prophet?? :confused:
OK-if you explain me why you are so interested in the USa law ,when it is a case in Ukraine, I will explain you the American law

70alex71 · Sep 24, 2009, 01:47 PM

Ok, I see this site doesn't help much...

Just met in Kiev with an American federal judge who's passing by who explained me how it works in the USA.

Thanks for your time

ScottGem · Sep 24, 2009, 03:09 PM

I think you have gotten a good deal of very good help. I would be curious as to what this judge said that we didn't.

By the way, the punishment for a contempt of court citation is left to the discretion of the judge.

GV70 · Sep 24, 2009, 07:49 PM

Sorry but your posts make no sense.You have a case in Ukraine but you need help with American law here-on askmeHELPdesk:eek::eek::eek:

It sounds as," I have a fridge,I have a stove,too. I need to know what's the name of my aunt."
If you need help writing your course work-it is another question.

Originally Posted by 70alex71

Just met in Kiev with an American federal judge who's passing by who explained me how it works in the USA.

I am in doubt about it:)