But only a couple people really tried to answer my question :)
Well things have progressed a little since then and I really want to get a DNA test done once and for all to know if I am defintely the childs dad. Problem is the lady in Poland will not answer any of my emails - I have sent her links (in Polish) for DNA home kits that we could do - but she ignores everything I sent. So it looks like I need to take this to court! - which means more expense etc - but i think thats what she wants - to cause me trouble - or maybe shes scared that the baby is not mine and she may have to pay back monies - I dunno - Im finding it difficult to get straight answers from Polish lawyers - is anyone aware of the process to get a court ordered DNA test in Poland? And will I have to pay the OP's legal expenses if the test results do indeed indicate that the child is mine?
I have a question and a comment. First how did she get court ordered child support without a DNA test. What court Poland or Ireland? You will have to get a court ordered Dna test. I would not think you will have to pay any legal fees for the mother, based on the fact she will have none unless she tries to fight it which I doubt she will be able to.. You will have to pay for the test and your fees.
I feel bad for the bashing you received in your previous post. If the child is proven yours it is both your and her responcibility to care for the child.
However for all of the bashers out there, why should this man pay for a child that is not his. The court that awarded support without a DNA test is a farce. If this was the case a child could get pregnant from her boyfriend and point at the first guy she sees and say thats the one who should pay for my child.
Do you know that you definitely need a court order for a DNA test in POland? When I was picking up my blood test results from the lab (which is a private business) I noticed that they offer DNA & paternity testing too. From what I remember it was pricey but if you have access to the child you might be able to get the test done yourself pretty quickly.
In most countries, if the mother (or the person who is legally responsible for the child) doesn't agree about DNA-testing, you have to get a court order to be allowed to perform such a test.
you might not be the father if she doesnt want a DNA test.she might of been keeping that a secrest from you. but good luck.at least you are responsable.
Harry No - I wanst - i appointed a Polish Lawyer to look after it for me, the fact of the matter is that I initially accepted that I was the father. So the court didnt order a DNA test, so now I want one - but it was just "to know " for definite - Like I said even one of the home DNA kits would have been sufficient. But She will not cooperate -
- on a side note - I just had a phone call from social services informing me that she is now claiming child beneift €166 from Ireland - due to the fact that I am working here - so that brings her monthly total up to €275 (my maintenance) + €166 (irish giovernment) + €40 (irish government) = €481 = 2,005.08 PLN- not bad for someone who doesnt work.
aphrodisiac thats what Im going to do - but if you look back at the original question - does anyone know the process :)
thats what Im going to do - but if you look back at the original question - does anyone know the process :)
I hope somebody here will be able to help, but I would not limit my options to PF posters, if I were you. What about the Polish lawyer who was initially appointed by you?
well I would assume you will have to aproach the same court that she applied for original support. If you don't trust the lawyer you used before get another one. Does she know you are married? If so , you have a problem.
Tell them that based on information you've received, you now deny that you are the father of that child and so want them to stop paying the money. That should encourage her to get the DNA test done.
Ignoring all ethical and moral questions, does the Polish court have any form of juristriction over you whatsoever? If not (as in, you don't have any property/money/investments in Poland) - then stop paying money, inform the Irish authorities that you suspect that there's fraud taking place re Child Benefit money and let her know that unless she cooperates with a DNA test, no more money will be forthcoming.
You're in a position of strength, use it!
There's very little she could realistically do if you stop the payments - she'd have to get you through an Irish court, which doesn't sound too likely.
If she knows you are married she is in a position of strength and can cause you many problems which as you said is her intent. I agree with the post above I would not pay a dime until she takes the test. It is unfortunate that you are not interested in the future of the child or you would have even more leverage if you decided to sue for custody. Anyway good luck to you.
Ignoring all ethical and moral questions, does the Polish court have any form of juristriction over you whatsoever?
Yes I think it does as we're all in the EU now! We've taken a non-Polish company that we had a contract with to carry out work in Poland to court in Poland (where the contract was signed) for not paying. The court judged in our favour and the court order is now being carried out over there by their local court/baliffs. It's been a long process but we should have our money soon.
I think you should get help from an Irish representative who is located in Poland.
I can tell you exactly what they will say: "Here is a list of local lawyers. Goodbye."
if i dont pay the maintenance - i could end up in prison - remember - we are all in europe now!
Call the Irish social security, tell them that you have reason to believe that the child is not yours. They will then stop paying her until she proves the child is yours (i.e. has a DNA test done). If she refuses to let a DNA test be done, you can use that to get a court order overturning the payment order because there is no proof the baby is yours.
Harry Hi Harry - they wont stop paying her - as long as i am paying maintenance to her - they will have to pay her too from the government, its the way the system works here.
As I understand things: Under Polish law this means that you have accepted responsibility for the child. And that means it will be difficult to activate the 'get out clause' The one who requests the test... pays for it. Two or three years ago it was 1500zl.
amoeba I was only implying that the more she puts monetary pressure on you the more she puts a strain on your ( I hope ) happy relationship with your wife. I feel for you. Can you attempt to take her to court in Ireland based on the fact that is where she got pregnant?
