JSC: DNA test before paternity order

TO save men being taken to court by women to pay maintenance for children whom they did not biologically father, a DNA test should be done before any paternity order is made, said Parliament’s Human Rights Committee.

Its report was laid in the Lower House Wednesday. The report is titled: The Examination of the Perceived Inequality Faced by Single Fathers in TT with Specific Focus on Custody Matters, Policies and Access to Programmes and Services.

The report cited the views of the Single Fathers Association of TT (SFATT) on how current laws may affect the custodial rights of single fathers.

“The committee acknowledged SFATT sentiments that prior to a maintenance order coming into force, that there is a need for confirmation of paternity by mandatory scientific DNA confirmation given that there were past incidents of men who paid maintenance for non-biological children.” The JSC supported SFATT’s call for the Ministry of the Attorney General to amend the Family Law (Guardianship of Minors, Domicile and Maintenance) Act to include a mandatory DNA test for paternity before the issuance of a maintenance order or penalties for breaches of court orders related to custodial arrangements.

The report noted SFATT’s call for the sale of a man’s goods and chattels instead of imprisoning him for not paying child maintenance.

It added, “The committee recommends that the MSDFS (Ministry of Social Development and Family Services) allow for fathers who are injured and unable to work to have access to welfare assistance to allow for them to keep up with their maintenance payments until they are able to continue work.”

The committee also urged a financial assessment of a father should be done and then considered by the court before determining how much maintenance he must pay.

The report noted the cases of two men to whom the ministry had denied access to a social grant on the ground that they were single fathers rather than single mothers.

After that, a staff sensitisation exercise was done to counter cultural views that had denied this grant to a male head of household.

The report also urged that the Education Ministry allows both parents access to a child’s education records. While the report noted a prevalent traditional view that children are better off with their mothers, it revealed the Children’s Authority up to last November had placed 25 children with their fathers, who were each the non-offending parent when a child was removed from the care of the other parent, that is, the mother.

Among the significant issues raised before the committee was, “The need for penalties for mothers who make false claims of domestic violence and sexual abuse in order to receive custody of the child from the father.”

The report also noted in its public submissions, “An absence of faith amongst single fathers in the integrity of the judicial process for custodial rights of the child and judicial decisions were perceived to favour the traditional perspective that ‘children belong with their mothers.’”

SFATT alleged, “Single mothers are not held to the same level of expectation of transparency and accountability as fathers with regard to financial contributions for the child’s well-being. The TT Police Service Victim and Witness Support Unit said, ‘Single fathers delay to initiate and rarely complete court proceedings due to perceptions that the judicial system is unjust.’”