VIC Birrh certificate for my 11 yr old son. His mum refuses to sign

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Lincoln Cole

Member
22 December 2018
3
0
1
Victoria
Hi. There. I have a conundrum. I applied for a copy of my 11yr old sons birth certificate and was told he isn't actually registered. So i set about registering him. I filled the forms in but his mum, who i have no contact with, is ignoring all requests from the dept of justice and his school to sign the form. No issue re paternity. I pay child spt for him.
Because she won't sign i was told by BDM to either get a court order saying I'm the father or an approved DNA test. I can't do a DNA test as he's under 18 and his mum needs to sign for it. How do i get a court order saying I'm his father without a birth certificate? What do i do next? Can i do anything? He obviously needs one and i want him to have apassport so i can travel with him.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Federal Circuit Court.

They can apply the Family Law Act and make an order saying you are the father or alternatively requesting a DNA test.

You can DIY, or get a lawyer to help. Depends really on how much time you have researching family law, versus paying a lawyer to request the order.

[Moderated - Inappropriate Solicitation]
 
Last edited by a moderator:

Lincoln Cole

Member
22 December 2018
3
0
1
Victoria
Federal Circuit Court.

They can apply the Family Law Act and make an order saying you are the father or alternatively requesting a DNA test.

You can DIY, or get a lawyer to help. Depends really on how much time you have researching family law, versus paying a lawyer to request the order.

If you are heading down the lawyer path, send me an email, my email address is found at www.vichelp.com.au.



That's great Rod.
Once the Christmas rush has settled and my son has returned to his mums then I'll definitely be in touch. I appreciate your advice.