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Fighting Paternity

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Is it recognised that the courts’ refusal to order paternity testing where the mother, her husband and lover are all Jewish, is unfair to the husband?

Paternity Fighting Paternity

Tel Aviv Family Court certainly recognised that this situation is favourable to the  lover and unfavourable to the husband, in  a paternity case a few years ago, referring to it as an ‘insurance policy’ for a man having sex with a married woman, where both of of them, and the husband were Jewish.

A single , female student from my university has filed a paternity suit against me asking the family court to declare me as the father and make me support her baby. I am sure I am not the father because I used a condom when we had sex and there were no ‘ accidents’. I know that she worked as a ‘hostess’ and ‘masseuse’ to finance her studies and had sex with many men for money during the time I had relations with her . I feel she has tried to ‘frame me’ because I am one of the men she slept with that she knows how to trace. If I hire a lawyer to defend me and medical tests prove that I am not the father am I likely to get my costs paid by her?

Paternity Fighting Paternity

Yes. While the court has discretion regarding costs it is likely that in a paternity case where the biological father could be one of many men , the court may well order the plaintiff to pay the defendant’s costs where genetic testing has proved that he cannot be the child’s parent. This was so in a Kfar Saba family court case in May 2002 where the plaintiff worked as a call girl with a sizeable clientele of men with whom she had sex with for money. The defendant was a married man. Two paternity tests proved that he could not be the child’s biological father. The court rejected the plaintiff’s plea for a declaratory judgment declaring him to be the father and ordering him to support the child, ordering her to pay his costs. It held that the costs order was designed to prevent the defendant, who won the case, losing out financially – but it was not designed to compensate him for the emotional suffering and humiliation he says he endured.

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