The Big Issues

Should Paternity Tests Be Mandatory?


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Should a paternity test be mandatory in child maintenance cases in Antigua and Barbuda? In the Caribbean? Some people think it should actually be mandatory at birth. Do you agree? These are the sorts of questions that arose during this episode which was sparked by the story of a man who claimed he'd been supporting a child that was not his for 15 years. The man's story is that on more than one occasion, he was denied a paternity test to prove he wasn't the father, and was also imprisoned in relation to child support.

That he was reportedly denied a paternity test appears to be the most contentious and indeed, bizarre aspect of the story. In this discussion we ask three lawyers, one of whom is a former senior magistrate, what went wrong in this case. We ask about how the system can still ensure the interest of children, while not being unjust to proven or presumed parents. 

Our panel reveals that ordering a paternity test is within the court's discretion; that there is no statutory "right" per se; that parties are often unrepresented in domestic matters and as such, fail to grasp what's happening in the initial stages; and that once a court settles paternity at the onset, it becomes difficult to challenge it later. Much more is revealed about the nature of these cases, and the sometimes unsavory motives of mothers and fathers.

The host is Kieron Murdoch. The guests are:

  1. Monique Francis-Gordon, attorney-at-law in Antigua and Barbuda. She regularly deals with family matters in the Magistrate's and High Courts, including child maintenance and cases involving visitation.
  2. Jarid Hewlett, an attorney-at-law in Antigua and Barbuda with the law firm Watt, Dorsett, Hewlett Law. He regularly deals with family matters in the Magistrate's and High Courts, including child maintenance and cases involving visitation.
  3. Ivenia Benjamin, attorney-at-law joining us from Anguilla where she was formerly the Senior Magistrate in that territory.

  4. This programme first aired on NewsCo Observer Radio 91.1 FM on March 21, 2021. Get the latest news from Antigua and Barbuda at the Antigua Observer online

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    The Big IssuesBy The Big Issues Production Team