Nova Scotia judge denies man’s request for paternity test on boy

“I am concerned about causing potential instability for him by forcing the paternity testing.”

The 15-page decision describes how the mother had a brief relationship more than a decade ago with the man applying for the test, adding that she was also in a relationship with another man at the time.

The pair worked at the same business and the man met the little boy when the mother brought him to her office when he was a few months old. The man said he asked if the boy was his, and that he believed her when she said no.

But, he claimed that he had doubts when he saw a photo of the child on her Facebook page and was “shocked” to notice that the boy looked like him when he was a child. He says he showed his own mother, who then contacted the woman and her husband to say she wanted a paternity test done.

The decision states that the man argued it is in the boy’s best interests to find out his “biological heritage” since his family has a history of cancer, ADHD and dyslexia.

The judge said the swab test is also not physically invasive and if positive, discussions about his access to the child could be determined at a later date.

However, the boy’s mother argued that introducing him to someone identified as his biological father would be particularly traumatic since he has developed a close bond with the man who raised him, and could worsen his “precarious” health.

Jesudason said the man provided little reason for doing the test, waited years before making the request and did so after his mother took the initial steps to have it done.

“His curiosity alone cannot justify putting (the boy) through the paternity testing process now given the potential turmoil and disruption it could cause (his) life,” the judge wrote.

The judge added that unlike most paternity cases, this one does not involve a question of child support.

Jesudason said the review could proceed after 18 months, in part because it may be helpful for the boy and his family to know his genetic background.

The Canadian Press

by Canadian Press

Nova Scotia judge denies man’s request for paternity test on boy

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