Mother faked DNA test and lied on her newborn baby's birth certificate to 'de-rail' biological father's legal bid to see their two daughters, court hears

A mother falsified a DNA test and lied on her newborn baby's birth certificate to try and 'de-rail' the biological dad's legal bid to see their children, a court heard.

In a highly unusual case, 'spiteful' Georgina Saville is accused of misleading Kyle Fitton, 26, and his solicitors in a bid to 'deter' him from pursuing a court claim for access to his two daughters.

A court heard the pair had an at times 'toxic' relationship lasting four years, with Mr Fitton moving out for good after 25-year-old Saville fell pregnant with their second daughter.

But prosecutor Nick Tucker said that when the Mr Fitton's legal team requested a DNA test from his ex, she sent them bogus results trying to prove the newborn baby was actually the daughter of her new boyfriend, Danny Mellows.

The court heard Saville maintained a good relationship with Mr Fitton's mother, who acted as mediator between the pair.

After the baby girl's birth in January 2022, Saville did not 'permit' Mr Fitton to see the newborn, but sent his mother a text admitting her two daughters were 'full blood sisters'.

In messages to Mr Fitton she had also told him 'I'm pregnant with your second child' but texted his mother during her pregnancy saying 'I'm sticking to saying he's not the dad to this one, I've had enough'.

Mr Tucker said this proved she would deny Mr Fitton's paternity when it 'suits her purposes' even though she knew he was the father.

Mr Tucker continued: 'We do know when she went to the Registry Office she chose not to name the father on the birth certificate - she just left it blank.'

The court heard Mr Fitton 'took it badly' when Saville posted photos of the two girls and Mr Mellows 'as if they were a family'.

Jurors were told she was also encouraging the older girl to call Mr Mellows 'daddy'.

The parents went on to apply for non-molestation orders against each other. Mr Fitton also started legal proceedings in the Family Court regarding access to his two children and getting his name added to the newborn's birth certificate.

Southampton Crown Court heard his eligibility to apply for those orders 'depended upon him having parental responsibility' by being the biological father.

When asked to conduct a DNA test, Saville initially replied claiming Mr Fitton was not the father and that her daughter had 'nothing to do with' him.

She eventually sent over what she said was the DNA test result and claimed Mr Mellows to be the father of her daughter.

Mr Tucker said she had 'misrepresented' her daughter's paternity, adding: 'Danny Mellows was not the father - she knew Kyle Fitton was the father.'

In July 2022, the court heard another DNA test was ordered at Family Court which found Mr Fitton to be the father, after Saville admitted she had 'falsified' the previous test result.

The court heard on Monday she went back to the Registry Office, to amend the birth certificate to show Mr Mellows was the father - which they both signed.

Mr Tucker said: 'He wasn't the father. He must've known that, and certainly Georgina Saville knew that.

'Knowing that Kyle was the father, she made a false declaration to Births and Deaths, knowing in so doing she would effectively be able to show (Mr Mellows) had parental responsibility whereas (Mr Fitton) would not.'

After being arrested, the court heard Saville told officers 'biology didn't mean anything' and that she'd provided a 'made-up' DNA test to 'save herself some cost' and get Mr Fitton 'off my back'.'

Giving evidence, Mr Fitton admitted they had endured a 'stormy' relationship but maintained he was 'absolutely' the girl's father.

Mr Tucker told jurors Saville 'sought to mislead [Mr Fitton] and his solicitor and, if taken at face value, that test result might have deterred him from pursuing the proceedings any further.

'We say this was a spiteful and calculated attempt to derail his case by dishonest means.'

Saville, from Southampton, denies perverting the course of public justice and a rare charge of wilfully making a false declaration as to a birth.

The trial continues.