Free DNA tests piloted in family courts
Justice Minster Simon Hughes has revealed that free DNA tests are being provided in an attempt to speed up paternity disputes.
Aimed at tackling an "influx of unrepresented litigants following cuts to legal aid”, free DNA tests are available in certain parts of the country.
The initiative is being piloted in Taunton and Bristol and is part of a wider programme aimed at combatting problems in family courts. Taunton and Bristol were deliberately chosen to represent the effectiveness of the scheme in both rural and urban locations.
Free alcohol and drug testing
The pilots have also been providing free hair testing, which are used in cases involving drug and alcohol abuse, to see whether individuals have been abusing such substances.
Similar to the free DNA tests, the purpose of the hair testing is to speed up family law disputes and avoid costly legal argument and delay. The project is being funded by the Ministry of Justice and operated by the Children and Family Court Advisory and Support Service (Cafcass).
Criticism of legal aid cuts
According to a report in The Guardian, family courts have been inundated with unrepresented litigants following cuts to legal aid.
The reduction to legal aid for dealing with private family law disputes have created a barrage of criticism and debate. The former High Court judge Baroness Butler-Sloss, condemned the Government's actions, warning the cuts will "clog the courts” and "create delay.”
The free DNA tests are an attempt to speed up disputes over the paternity of children. Rather than wasting several days determining the father of a child, Hughes says the free testing will significantly quicken the process, stating:
"We are funding DNA tests which will sort out the problem about who the father is rather than having three days of legal argument”.
Giving children a voice
In addition to announcing the pilot of free DNA tests, the Justice Minster called for older children to have a voice in separation cases. Speaking at a Westminster Legal Policy Forum debate in London, Simon Hughes urged for all children aged ten and above to be allowed to participate is separation cases. Hughes believes that by participating in parents' separations, the views of children involved are more likely to be considered. Hughes also suggested that in order to avoid excessive recourse to lawyers, family courts should become advice centres.
The average cost of a paternity test in the UK is £200. On the surface, offering free DNA tests to couples' arguing over the custody of their children, will help reduce inefficiency and waste in the family courts, ultimately saving the taxpayer money by weeding out inefficiencies in the system.
However, until the scheme has been ran for a sufficient amount of time and appropriately tested for its efficiency, knowing its effectiveness will be difficult to gauge.
Simon Hughes has also revealed he intends to expand the pilot scheme by increasing its current workload of helping 120,000 families to assisting more than 400,000 families across the UK.
What are your thoughts on free DNA testing as a means of speeding up paternity disputes? A logical solution to help ease family court congestion or an ineffective waste of time?
Tracey Miller has years' of experience handling a number of family law issues, including those occurring as a result of separation and divorce. If you seek advice on family law matters get in touch with Tracey Miller Family Law.