Family life as parent of a birtish child application refuse

[Godwin111]

Good morning to u all.my name is johni made a application for family life as parent but it was refuse bcos the home office ask me for a DNA test for me and my daugther.the mother will not allow me to get by baby for the test.cos me and her broke up from our relationship.even i gave dem the birth cerfiticate.but was giving a in country rigth of appeal.but the mother will still not let me hav the test wit my daugther.my baby is 9months old.pls i will be greatful if anyone could answer my question.tanks

[TODMATT]

Why can't you take her to court in order to gain access to your baby, Although this takes time but you are going to get evidence from the court explaining the problems btwn your baby mother refusing you access to your child and you can submit this evidence to the UKBA, otherwise there's nothing you can at the moment apart from writing letter to the Home Office and explain your circumstances and your relationship with your partner has broken down.

Unless an expert on the forum can advice on how to go about this.

Goodluck

[Godwin111]

The promble is dat since hav been giving a rigth of appeal.can i go to the court without the DNA test.since i hav the birth certificate as i am register as the father in the birth cerfitcate.my baby mum say she can follow me to the appeal hearing.to tell dem that an the father of her baby.and am playin good active role in my child upbrings.but she will never allow me to perform a DNA test for my daugther as is against a religion and tradition.pls ur answer will be help for me

[member]

Are you legally married to the child's mother?
What is the child's nationality?

[Godwin111]

Pls can someone reply me wit a answer.i will be greatful

[Godwin111]

Am not married to the child mother.we only hav a realtionship which has broken down.i only see the child.the mother is from serria leaon.and the child is a birtish citizen

[Godwin111]

Pls can someone giv me some advice

[strontiumdog74]

You've waited approximately 30 minutes to get advice??

I know that you want answers but you will have to wait for someone to come online who has knowledge or experience on this issue, assuming someone does.

It may even be that no-one has knowledge of this... give people time to come online.

[strontiumdog74]

I assume that the refusal for DNA test is based on using a blood sample rather than the actual DNA itself?

Have you investigated if there can be a dna test based on hair sample or saliva?

I am no expert on this issue, I am just thinking out loud.

http://www.homednadirect.co.uk/dna-news ... blood.html

[Casa]

As you are not married to your child's mother, your application is unlikely to succeed without a DNA test. Is your ex-partner married to anyone else?

strontiumdog74 has given you good advice regarding an alternative to a blood test for DNA

[Godwin111]

The promble the mother would not allow me get my daugther for the DNA test.i just wan to know if the mother follow me up to my appeal hearing to tell the judge that am the father as am resigter in my baby birth certificate.willdat be enuogh

[Godwin111]

If i get a court order to show am the father will the home office accept the court order

[strontiumdog74]

Ok, I am now confused?

You said she won't do DNA based on religious reasons and then she won't let you collect her? I can understand she won't let you remove the child from the UK but will she let you do the test?

If the test is not an issue I can only suggest that you will have to attend the UK under visit visa in order for both you and the child to submit to a test (one recognized by UKVI, if there is such a thing?)

As for her going to the appeal and stating you are the father, in my opinion based on no knowledge of the process, I would doubt that the appeal board would accept that. She can say anything, either in your interest or that of the child that is not accurate or true if she wanted to and the appeal board would have no way of knowing etc. So I would suggest they would be skeptical of accepting her word for it that you are the father.

If they have asked for DNA as proof I would suggest that you have to follow their requirement in order to prove paternity.

[strontiumdog74]

If i get a court order to show am the father will the home office accept the court order

Where would you get aa court order from? I assume if it's outside the UK they will be as skeptical of this as they are of the birth certificate info.

If it's from the UK I assume you would need to prove you are the father, which I also assume that would require a DNA test so back to where we started?

What religious grounds does your ex partner object to DNA test?

[Godwin111]

If i get a court order will dat help me in my appeal or if she follow me up to court to tell the judge am the father of my baby will that be enough..

[strontiumdog74]

If i get a court order will dat help me in my appeal or if she follow me up to court to tell the judge am the father of my baby will that be enough..

Are you all in the UK at the moment (the mother, the child and you)?

If you are in the UK under what visa, right of stay are you there?

On what basis will you get a court order for the child if you don't have DNA proof that you are the father?

[Godwin111]

She is in a socity back home in African.and she even would not allow me see my child just na.cos she belive i wan to tak the baby for the test.so should i tak her to court.can the court force her to do the DNA test.but am on my daugther birth cerficate.

[Godwin111]

I hav my daugther birth cerficate.and am reisgter as the dad in the birth cerficate.i can prove am the dad wit that.

[Godwin111]

The mother and child and me is in the uk.i had a student visa wen i made my application.but the visa had run out just na.

[strontiumdog74]

So are you in the UK and she is in Sierra Leone?

Is she living in sierra leone permanently?

If she and the baby are in Sierra Leone living, how are you able to apply for a visa as parent (ie she is not in the UK)?

Where are you intending to get the court order from (UK or sierra leone)?

Under UK law being named as the father on the birth certificate is not enough to prove you are the father, a very quick google search reveals the following:

https://www.freemovement.org.uk/proving ... tificates/

EDIT:

You posted answers while I was writing.

[Casa]

Your name on the birth certificate won't be sufficient proof that you are the child's biological father. This is why you are being asked for a DNA test.
You haven't answered my question as to whether your ex-partner was married to someone else at the time of the birth. This is an important issue in the present situation.

[strontiumdog74]

I hav my daugther birth cerficate.and am reisgter as the dad in the birth cerficate.i can prove am the dad wit that.

I assume that you provided the birth certificate with your original application and the application has been rejected on the basis that this was not sufficient proof.

Why would going to appeal with the same information you had before make the appeal successful.

If the HO have asked for a DNA test for proof then I can't see that anything but a DNA test will satisfy the appeal?

[strontiumdog74]

Your name on the birth certificate won't be sufficient proof that you are the child's biological father. This is why you are being asked for a DNA test.
You haven't answered my question as to whether your ex-partner was married to someone else at the time of the birth. This is an important issue in the present situation.

Sorry CASA we crossed posts, do you want me to back out and leave it to you - you obviously have more knowledge on this than me? I'm just trying to help.

[Godwin111]

The mother is here in the uk wit my daugther.she is not in serri leoan.but the mother would not allow me get the test.so can the court force her to mak her giv me the baby for the DNA test or i get a court order from the court.No she was not married out the time of my child birth.we were in a relationship for two year.we broke up wen she had the baby

[strontiumdog74]

Is the test against her religious beliefs as you previously stated?

This may affect whether the court would grant an order to compel her to undertake one?

If the religious belief is based on blood sample I have already given advice on saliva samples but I suggest you need an approved center.

If there is another ground for the religious objection can you explain what religion as I couldn't find anything on the internet for grounds to object.