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Swiss Social Services & Court

  • rogerroger
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28 May 12 #333523 by rogerroger
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Hi there all.

I have been contacted by Swiss social services as they have a woman who claims to have met me once 5 and a half years ago and as a cponsequence she has a 5 and a half year old son. She has claimed that I am the father and appears to have hacked my facebook account and gathered some details about me to stake her case to social services. I do not kow this woman nor anything about her but she is adamant I am the father although there cannot be any evidence other than her word supporting her argument. The social services have asked me to take a DNA test, I have refused as I am quite particular about what and whwere my DNA goes - my question is if they forward this case to the Zurich District Court is there enough for them to claim I am the father and enforce some form of maintenance simply based on her say so? There will be no facts to support her case as I haven''t met her nor have we ever lived together etc, other than the fact she knows something of who I know and where I was in 2006 (which can be ascertained on facebook). As Switzerland is outside of the EU (I know we have a REMO agreement with them) can they force me to take a DNA test ? Surely it is not enough to take her word for it and then annoint me as the father?

Any advice would be appreciated as I think I''m going to need a solicitor to put this to bed and would prefer not to spend the money.

Does anyone know a good solicitor in Switzerland who can help who is not overpriced? I have a family here so any financial burden will adversely affect them

Many thanks,

  • Fiona
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28 May 12 #333526 by Fiona
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You may not like it, but a DNA test is probably inevitable and it would be far less hassle and expense just to get on with it.

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28 May 12 #333531 by rogerroger
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Thanks - can they force me to submit a DNA test as a UK National?

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28 May 12 #333533 by Fiona
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What they probably can do under Swiss law is order child maintenance unless you do a DNA test to prove you aren''t the father. The maintenance can then be enforced through REMO.

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28 May 12 #333534 by rogerroger
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Thanks - surely though given the lack of suppoorting evidence or any formal linkages to this unknown woman can a court just state that you are the father? Nominating parental responsibility surely isnt something that is that lightly taken?

Otherwise anyone can state anyone else is the father / mother of a child and et voila -they are!!

thanks for the comments though.

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28 May 12 #333540 by Fiona
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Sorry but I''m afraid it boils down to biology. Presuming Switzerland isn''t that different from the UK and other European countries the authorities responsible for child maintenance may assume paternity unless there is DNA testing. That is the only sure way to ascertain the parentage of a child.

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01 Jun 12 #334448 by Child Maintenance Options
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Hi

In the UK, and we assume that the procedure is similar in Switzerland, a court or statutory body would use all the information made available to make a determination on whether you are the father and should be responsible for child maintenance payments.

The only method of proving that you are not the father is to undertake a DNA test, as this will prove to a 99.9% probability that someone is / is not the parent.

Hopefully, if the test confirms that you are not the father this will prevent any future disputes.

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