Paternity ; Cheating the Child and Deceiving the

Paternity fraud is when a mother tells someone that they are the father of their child in order to illicit some benefit from him. This is usually financial benefit but in some cases can be more. In a recent criminal matter, a mother in Liverpool has been convicted of fraud for faking a DNA test to fool an ex-lover into thinking that he was the father of her child. At court, she claimed justification that she had wanted her child to have a father figure. The had paid towards the child's upkeep as a result of the deception. The woman was sentenced to 12 months.

This type of case usually comes before the civil court following a tortious claim for deceit. When the aggrieved "father" usually seeks to recover damages for payments made towards the child's upkeep and compensation for distress caused by the revelation that the child they had raised and believed to be their own was not in fact related to them.

There have been a few reported cases. They indicate that sums for special expenditure (e.g. holidays and meals out between partner and child) may be recoverable although likely at a reduced rate to take into account of the enjoyment for the payer. However, it is not possible to recover general payments for upkeep as there is an expectation of someone in a parental role to take on responsibility for a child regardless of parentage or knowledge of parentage (A v B [2007] EWHC 1246 (QB)). Nor is it possible to claim as damages something which another Court (in these cases the Family Court) has ordered to be paid by way of financial support for the child i.e. child maintenance. Damages for distress can be recovered and the Courts have been keen to emphasise the effect of this type of deceit on both the deceived parent and the child, describing it as akin to a bereavement and using the standard award for bereavement as guidance for damages (A v B and Rodwell v Rodwell [2011])

Many would not think to request a DNA test, particularly if they had no reason to doubt their partner's honesty. The revelation may never come to light or only when a medical problem arises or the relationship breaks down. The unusual case of X v Y [2015] EW Misc B10 (CC) (20 March 2015) related to a child conceived through IVF treatment. The claimant father had been led to believe that he was the biological father by both the mother and a Spanish fertility clinic who mistook the mother’s boyfriend for the father when taking a further sperm sample. The mother only revealed that she knew the clinic had instead used her boyfriend's sample instead years after the parties had divorced in an attempt to limit the father's future with the child. In this case, the father was able to recover both damages for distress and compensation for loss of earning which he claimed was as a result of the stress of dealing with the mother's revelation. Unlike in A v B and Rodwell, he was also able to recover additional sums which he had agreed, as part of the settlement,

Page: 1 to pay the mother for the upkeep of a property for her and the child. Her Honour Judge Taylor was able to distinguish these payments from the previous cases because the father had agreed to pay them, rather than having been ordered, and they could be separated from general payments for upkeep of the child. Specifically, these were voluntary payments, made in addition to payments for the child’s needs, for the benefit of the mother towards the upkeep of a property in circumstances where she did not need such support as she earned considerably more than the father and could have easily maintained her own property.

Paternity fraud has devastating effects on families. It is often damaging for the child who is deceived by their mother to believe someone is their father who is not. It can open someone up to claims in both the civil and criminal courts depending on the circumstances. It is right that the criminal courts treat it seriously. Some also consider the civil courts should be more realistic and make proper orders for compensation and distress caused.

Emma Nash is an Associate at IFLG. She provides clients with advice and support in relation to a comprehensive range of issues including child maintenance, financial provision on divorce, and financial claims by cohabiting couples.

Emma Nash

The International Family Law Group LLP

[email protected] [2]

www.iflg.uk.com [3]

©13 March 2017

Posted by Emma Nash [9]

Source URL (modified on 13/06/2017 - 4:55pm): https://www.iflg.uk.com/blog/paternity-fraud-cheating- child-and-deceiving-father

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