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Failure to comply with directions

Cap. 173, s. 43 · Revised Edition 2020

(1) Where a court gives a direction under section 41 of this Act and any person fails to take any step required of him for the taking of blood for the purpose of giving effect to the direction, the court may draw such inference, if any, from that fact as appear proper in the circumstances. (2) Where in any proceedings in which the paternity of any person fails to be determined by the court hearing the proceedings and the presumption of law set out in section 35 of this Act arises, then if, (a) a direction is given under section 41 of this Act in those proceedings; and (b) any party who is claiming any relief in the proceedings and who for the purpose of obtaining that relief is entitled to rely on the presumption fails to take any steps required of him for the purpose of giving effect to the the court may adjourn the hearing for such periods as it thinks fit to enable that party to take that step, and if at the end of that period he has failed without reasonable cause to take it the court may, without prejudice to subsection (1) of this section, dismiss his claim for relief notwithstanding the absence of evidence to rebut the presumption. (3) Where any person named in a direction under section 41 fails to consent to the taking of blood sample from himself or from any person named in the direction of whom he has the care and control, he shall be deemed for the purposes of this section to have failed to take a step required of him for the purpose of giving effect to the direction.
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Failure to comply with directions — Cap. 173 s. 43 · Belize Law