PARENTS AND CHILDREN - Parentage, determination of - Affiliation proceedings - DNA, blood and tissue tests

Law360 Canada (April 23, 2018, 7:17 AM EDT) -- Appeal by JCC from the denial of his application for an order to obtain DNA tests. JCC and NNC married in 2002 and separated in 2016. NNC brought one child into the marriage and gave birth to four more children during the course of the marriage. JCC knew that he was not the father of NNC's eldest child. He believed, however, that he was the father of the other four children. However, prior to separation, he learned that he was not the father of two of the children. He had confirmed that he was not the father of those two children through DNA testing. JCC received information from NNC that the fathers of the two children were RL and BTC. He subsequently requested that RL and BTC attend for DNA testing, but they refused. On the basis of the information received from NNC, JCC brought an application for a declaration that RL was the father of two of the children, a declaration that BTC was the father of one of the children, and orders for child support. However, during the course of the application it became clear that JCC was actually seeking a grant of permission to obtain DNA tests of RL and BTC to determine paternity of the children. The chambers judge declined to grant permission to JCC to obtain DNA tests from RL and BTC because she was not satisfied that he had standing to bring the application or that there was an evidentiary basis to make the requested orders. The chambers judge found that the hearsay evidence was insufficient to justify interfering with the personal autonomy or privacy of RL and BTC by ordering DNA tests....
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