Halliwells’ Sharon Smith on a rare family case in which a father claims fraud

AN UNUSUAL case could wing its way to the courts involving allegations of paternity fraud.

A man who agreed to a court order transferring his family home to his wife and daughter in divorce proceedings later discovered he was not the biological father of the child.

He is now trying to take the matter back to court, but whether he will be successful in obtaining compensation depends on whether he can prove he was deliberately deceived by his ex-wife.

Cases involving paternity fraud are far more common in the US than in this country.

But a similar case which came before the UK courts in 2007 saw the “father” awarded £22,443 from his ex-girlfriend for emotional distress – although that was a fraction of his initial £100,000 claim.

If a claim is made through the Child Support Agency (CSA) for maintenance and DNA testing proves the man is not the father, then any maintenance paid through the CSA will be refunded, although if paid in any other way it may not be recovered as easily.

If a man has doubts about paternity, he should raise a legal challenge immediately.

While he will not necessarily succeed in recovering maintenance payments unless made through the CSA, he may recover compensation for distress from the courts.

SHARON SMITH is an associate and solicitor advocate in the family team at Halliwells.