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VIC Can Husband's Friend Force Us to Sign Birth Certificate?

Discussion in 'Family Law Forum' started by Rupali, 10 September 2015.

  1. Rupali

    Rupali Member

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    Hi! We are Australian citizens..We got a letter from child support agency that one of my husband's friends is claiming, after more than 12 months, that she had his baby.. She was an international student and wants to get permanent residency and she wants to trap my husband..Now the more important thing she said she does not want any child support payment.. She is just forcing my husband to sign the birth certificate and passport papers so that the child can be citizen and she, instead of international student, will live in Australia as a dependent visa.. She wants to get all Medicare and Centrelink benefits..

    Can She force us to sign? And another thing..she threatens us that she will go to the family court and will do something that would harm our image..

    We are in a lot of stress.. Please answer..

    Thanks
     
  2. Rupali

    Rupali Member

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    I was thinking it is really a useful site.. But very disappointed as I did not get even a single answer...
     
  3. AllForHer

    AllForHer Well-Known Member

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    My apologies for the very slight delay. Please try and remember that forum users are volunteers, so any response from forum users is a courtesy and should be treated as such.

    Insofar as I am aware, the father can refuse to register himself as the father and the mother will therefore have to seek a court order making a declaration of parentage in order to attain child support.

    There is a presumption of parentage in the following circumstances:
    • Where a man was married to the mother and the child was born during the marriage;
    • Where the child was born within 44 weeks of the marriage ending by death or annulment;
    • If the couple separated but then lived together again for less than three months, where the child was born within 44 weeks after that but after they divorced;
    • Where a man cohabited with the mother (but they were not married) at any time from 44 to 20 weeks before the child was born;
    • Where a man is on the birth certificate as the father or has signed something (such as a statutory declaration) saying he is the father; or
    • Where a court has made a statement in the past that the man is the father
    If none of these circumstances apply in your partner's case, then the mother will need to find other ways to prove he is the father. The court would likely order a DNA test in these circumstances.

    If one of the above presumptions does apply, the father may still contest it, but will need to prove he is not the father. Again, a DNA test would likely be ordered.

    In summary, however, the mother cannot simply put a man's name on the birth certificate without his consent and then pursue child support from him. She will need to acquire from the court a declaration of parentage in some way to do so.

    I hope this helps.
     
  4. Rupali

    Rupali Member

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    Thank you so much for your help.. Another thing, he is doing a DNA test.. Another question if you could help me please. iIf in case, the result is positive.. If the child will be an Australian citizen.. Can she force us to sign the papers like passport ?
     
  5. AllForHer

    AllForHer Well-Known Member

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    Depends. A DNA test can be used in court to prove parentage, but she would still need a declaration of parentage if you continued to contest it. If the court gave such a declaration, then she would need consent of the father to obtain a passport.
     
  6. Rupali

    Rupali Member

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    Thanks a lot...
     
  7. sammy01

    sammy01 Well-Known Member

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    can you let us know the result of the paternity test.... If it is negative then forget it.... IF positive then you will be expected to pay child support...
     

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