Attorney Margot Greene (left), a family law specialist, and Magistrate Faith Marshall-Harris, both members of the Family Law Council, speaking on the Maintenance Act.

ABOUT 99 per cent of the men who challenge the paternity of children in child maintenance cases turn out to be the biological fathers.

Magistrate Faith Marshall-Harris, who is assigned to the juvenile and domestic courts, said men abused the court system by using DNA testing as a tactic to avoid paying child support for as long as possible.

Marshall-Harris, who is also a member of the public relations committee of the Family Law Council, made these statements during an interview yesterday at her Roebuck Street, the City, office to address a number of issues pertaining to the Maintenance Act and to disclose plans to mark the 25th anniversary of the Family Law Act.

"Some men unfortunately, protest paternity because they know if they do that, that will put us back several months before they have to do anything," Marshall-Harris said.

Fellow committee member, attorney-at-law Margot Greene said that before DNA testing was introduced, it was almost automatic for some men to deny paternity when an application for maintenance was made and, the woman was placed in the very embarrassing position of giving evidence in front of strangers as to the dates and times of sexual intercourse.

Greene added that contrary to the popular belief that magistrates' courts were callous towards men, the courts ensured that those who paid maintenance had access to their children and access to all court orders including custody.

Marshall-Harris said more and more men were approaching the court for custody.

"It was said recently, that men do not have a legal right to approach the magistrates' courts for custody. That is not strictly true. What happens is that a man does not have a right from his original application to apply for custody. In other words, he has to wait for a woman to apply for maintenance then to say rather than pay her maintenance, can I have custody of this child."

However, while she lauded those men who wanted to take full responsibility for their children, she said there were still those who did not.

"That is why we will defend the Maintenance Act, as outdated as it may be. Until we can come up with modern amendments, it still serves a useful purpose because unfortunately, the men who do not want to take responsibility are in the majority still in the people that we see coming to court," she pointed out. (MW)