Paternity of Cheryl

We consider in this case whether a father may move to set aside a judgment of paternity when, more than five years after he voluntarily acknowledged paternity, genetic tests established that he was not the child’s biological father. A judge in the Probate and Family Court concluded that the father could seek relief from the paternity judgment under Mass. R. Dom. Rel. P. 60 (b) (5) (West 2001), which provides relief where “it is no longer equitable that the judgment should have prospective application.” Rule 60 (b) also provides that any request for relief must be made “within a reasonable…