Family Law
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Frances Reilly 01231119 Family Law Written Assignment Firstly, the court has the right under section 70 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 to request a scientific test in order to determine what the biological parentage of the child is. If consent is not granted or the child is not tested, then the court may draw adverse inference from the actions of the parties. The use of the word "may" makes it clear that the court has discretion whether to choose to make such a request and will not do so in every paternity case. If a request is made, and the party addressed does not comply, then they will not be physically compelled to undergo tests nor be rendered in contempt of court. To do these things would hinder a person's civil liberties. Instead, if there is non-compliance on the part of the requested party, then the court may draw such...

