Re O. (A Minor) (Blood Tests: Constraint)

JurisdictionEngland & Wales
Date2000
CourtFamily Division
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6 cases
  • Z (Children)
    • United Kingdom
    • Family Division
    • June 18, 2014
    ...Act 1969, a statutory scheme which abrogates any power to direct the taking of a sample under the inherent jurisdiction: In re O (A Minor) (Blood Tests: Constraint), In re J (A Minor) [2000] Fam 139, 151. Unless he is himself a child, the father cannot be compelled to provide a DNA sample: ......
  • LG v DK
    • United Kingdom
    • Court of Protection
    • October 5, 2011
    ...make decisions and appoint deputies) of MCA 2005. 15 Mr. Ruck Keene relied on a decision of mine at first instance( Re O (A Minor) (Blood Tests: Constraint) In re J (A Minor [2000] Fam 139) for the proposition that, so far as children were concerned, sections 20 and 21 of the 1969 Act provi......
  • Valerie Anderson (Personal Representative of William Brian Anderson Deceased) v David Spencer
    • United Kingdom
    • Court of Appeal (Civil Division)
    • February 7, 2018
    ...was ousted by FLRA 1969 and there is therefore no place for the inherent jurisdiction. Mr Mylonas relies in this regard upon Re O (a Minor) (Blood Tests: Constraint) [2000] Fam 139. This was a case where the mother of the children, the subject of the order, refused to consent to the testing......
  • David Spencer v Carol Spencer and Others
    • United Kingdom
    • Family Division
    • April 15, 2016
    ...to make a direction for scientific testing to establish paternity under the inherent jurisdiction was ousted by the Act: Re O (A Minor)(Blood Tests: Constraint) [2000] Fam 139. In that case, two men had each obtained directions for the testing of a child to establish paternity, but the mot......
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1 provisions
  • Child Support, Pensions and Social Security Act 2000
    • United Kingdom
    • UK Non-devolved
    • January 1, 2000
    ...also amends the legislation to address the issue raised by a High Court judgment (re O and re J(Minors)(Blood Tests: Constraint) [2000] 2 W.L.R. 1284 ). Section 21(3) of the 1969 Act provides that a blood sample may be taken from a person under the age of 16 if the person who has care and c......

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