district court logo

Mitchell v Malone [2020] NZFC 4309

Published 30 May 2022

Application for declaration of paternity —DNA test — balance of probabilities. This was an application for a declaration of to paternity. The mother had been in a relationship with one man and a week after that relationship ended she had entered into a sexual relationship with the respondent. That relationship had ended by the time she found out she was pregnant, at which point she informed both men of her pregnancy. The respondent had undergone a DNA test which showed a 99.9996 per cent probability that he was the biological father of the child. The other man, who had been having regular contact with the child prior to the respondent taking the DNA test, was disappointed that he was not the father of the child. He had not co-operated with having his name removed from the birth certificate. The Judge concluded that on the balance of probabilities, based on the DNA evidence, the respondent was the biological father of the child. The Judge made a paternity declaration accordingly. Judgment Date: 12 June 2020. * * * Note: names have been changed to comply with legal requirements. * * *