TAS Ex-Partner Not Undergoing DNA Testing - What will Happen?

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Melissachong

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15 November 2018
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My partner and I broke up last year. We had a daughter which he is denying is his. I had to go to family court to order a paternity and dna testing. He agreed to do it and the judge ordered it. However 2 weeks before the test, he hadn't even done the test and my solicitors had to adjourn it and write to the courts.

The courts have given him 2 more weeks to undergo the test. If he doesn't do it by then, what will happen as it's already been adjourned? Surely a judge could adjourn it again. It is so frustrating and wasting time.
 

Rod

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27 May 2014
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Talk to your solicitor about your concerns.

Is your ex-partner on the birth certificate as the father?
 

Rod

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Talk to your solicitor about having your ex declared the father by the court.

Were/are you married to him? or just de facto?
 

Rod

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OK. Looks like your solicitor is doing what they can. Keep in mind a court has a lot of discretion in this area but keep pushing for a result. I'd be asking the lawyer about a declaration order. The court may give your ex one more chance with the rider that if they fail to meet the next deadline a declaration will be made without the results of the test. Might be the incentive your ex needs.

A court will not order the ex to be arrested and a DNA sample forcibly taken in a family law matter.

And ask the court for a costs order for the last appearance and the next one due to your ex's failure to follow court orders. You may not receive costs, but worth a try. Ask for indemnity costs (full cover) in the first instance, and in the alternative party-party costs (part-cover based on court scale of costs).