England: judges able order DNA tests to determine parentage from September
This follows two pilot schemes in Taunton and Bristol which were set up following anecdotal evidence that courtroom arguments led to delays in divorce cases, particularly where parentage was in question.
Findings from the pilots suggest the tests mean judges could be more confident when making decisions about children and, most importantly, parents would be more likely to follow the court’s orders.
Mr 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.”
The west of England pilots 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 test and develop a new model for delivering drugs and alcohol testing over coming months which is, the Ministry of Justice (MoJ) said, both affordable and provides the courts with the certainty they need.
The funding for DNA testing in private family law cases follows the introduction last year of reforms to the family justice system.
The MoJ said these reforms have placed children at the heart of every case and have cut to 29 weeks the time which care cases are taking.
The reforms have included: