Thursday, 15 November 2012

Law report - Paternity blood tests in the Magistrates' Court

Re C: A child [2012] SC (Bda) 64 App (9 November 2012)

The Magistrates' Family Court had ordered that the alleged father of a child take a blood test to ascertain whether he was the father. As Kawaley CJ noted, this was somewhat surprising, as counsel for the mother of the child had conceded that the Magistrate had no authority to make such an order [10].

Kawaley CJ upheld the appeal against the order. He directed that the Family Court could in future properly encourage the parties to resolve parental disputes by mediation to avoid applications to the Supreme Court [29].

The Supreme Court would probably deal adminstratively with consensual requests to substitute historical Magistrates' Court orders for a Supreme Court order [28].

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