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DNA Test Poland


amoeba 2 | 10  
17 Aug 2009 /  #1
Hi All - you may recall that I posted this a while back which gave me some useful thoughts and also heated debate - https://polishforums.com/archives/2005-2009/news/child-euros-normal-amount-35605/

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?

Thanks in advance
Wroclaw Boy  
17 Aug 2009 /  #2
is anyone aware of the process to get a court ordered DNA test in Poland?

Thats a tough one mate, best of luck. PM me if you like and i'll try and source some decent law companies for you.
markskibniewski 3 | 200  
17 Aug 2009 /  #3
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.
inkrakow  
17 Aug 2009 /  #4
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.
SzwedwPolsce 11 | 1,595  
17 Aug 2009 /  #5
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.
LAGirl 9 | 496  
18 Aug 2009 /  #6
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.
Wroclaw Boy  
18 Aug 2009 /  #7
Its not Jerry Springer i think hes probably thought of that.
aphrodisiac 11 | 2,444  
18 Aug 2009 /  #8
First how did she get court ordered child support without a DNA test.

that is what I don't understand.
OP amoeba 2 | 10  
18 Aug 2009 /  #9
aphrodisiac
Because I assumed I was the father in txt messages , that she kept and used in court,.
aphrodisiac 11 | 2,444  
18 Aug 2009 /  #10
so are you saying that there was no DNA test ordered by the court?
OP amoeba 2 | 10  
18 Aug 2009 /  #11
aphrodisiac
Exactly
Harry  
18 Aug 2009 /  #12
Exactly

Jesus! Were you even at the court hearing?
aphrodisiac 11 | 2,444  
18 Aug 2009 /  #13
Exactly

then you should address the same court with your concerns.
OP amoeba 2 | 10  
18 Aug 2009 /  #14
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 :)

I am in Ireland - she is in Poland.
aphrodisiac 11 | 2,444  
18 Aug 2009 /  #15
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?
markskibniewski 3 | 200  
18 Aug 2009 /  #16
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.
OP amoeba 2 | 10  
18 Aug 2009 /  #17
Does she know you are married? If so , you have a problem.

Does she know you are married? If so , you have a problem.

WhY?
Harry  
18 Aug 2009 /  #18
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.
delphiandomine 88 | 18,483  
18 Aug 2009 /  #19
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.
markskibniewski 3 | 200  
19 Aug 2009 /  #20
amoeba

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.
shewolf 5 | 1,077  
19 Aug 2009 /  #21
Have you talked to an Irish Consulate or Embassy in Poland? I think you should get help from an Irish representative who is located in Poland.
inkrakow  
19 Aug 2009 /  #22
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.
OP amoeba 2 | 10  
19 Aug 2009 /  #23
delphiandomine
yes - if i dont pay the maintenance - i could end up in prison - remember - we are all in europe now!

markskibniewski
Dont quite undestand what being married has anything to do with???
Harry  
19 Aug 2009 /  #24
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.
OP amoeba 2 | 10  
19 Aug 2009 /  #25
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.
Wroclaw 44 | 5,386  
19 Aug 2009 /  #26
as long as i am paying maintenance to her

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.
markskibniewski 3 | 200  
20 Aug 2009 /  #27
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?
inkrakow  
20 Aug 2009 /  #28
New evidence can always come to light, and I'm sure the Irish social services would be interested in not paying out if there are no grounds to.
LAGirl 9 | 496  
20 Aug 2009 /  #29
Oh boy alot of problems and the guy is married. the kid is not lagitimate thats very sad.

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