Question 114: In a divorce case, in which circumstance a spouse has the right to request the Court for a health or axit deoxyribonucleic (ADN) assessment of the other spouse?

Expertise solicitor means that the Court or procedure conducting person issues decisions on expertises. Meanwhile, requesting an expertise means that the right of the spouses to resort to an organisation or an individual to conduct the expertise will be rejected according to Article 102 of the Civil Proceedings Code 2015. In the context of medical and DNA assessment in a case of divorce, assessment in civil proceeding might be conducted in any of the following circumstances:

  • Expertise solicitor: at the request of a spouse or when deeming it necessary, the Court shall issue a decision to solicit an expertise at will;
  • Request for expertise solicitor, it is divided into 2 cases: (i) the spouses both agree about the selection of expertise method and request the Court to issue a decision to solicit an expertise; and (ii) a spouse unilaterally requests a Court to solicit an expertise; and
  • Request for an expertise: the spouses have the right to request an expertise by themselves if the Court rejects their request of expertise. The right to request an expertise shall be executed before the Court issues a decision, to bring the case to trial according to the first instance procedure; or its decision to open a meeting to resolve a civil matter.

By agreement or request of one or more spouses, the Judge in charge of the case will issue a decision to solicit an expertise. The agreement or request to the Court to prove an expertise shall be expressed in writing. It may be kept in separate documents or stated in affidavits; in written records of testimony and/or confrontation minutes, etc.

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