- Australia's #1 Legal Community is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

Custody of Children and Paternity Testing

Discussion in 'Family Law Forum' started by Brydie, 13 June 2014.

Find a Lawyer Form
Find a Lawyer Form
Find a Lawyer Form
  1. Brydie

    Brydie Member

    13 June 2014
    Likes Received:

    I've been looking everywhere for relevant information on the internet but it is very difficult to find as it is a very specific question. It would be very greatly appreciated if you could help me.

    My partner was with his ex girlfriend for approx 3 years. While they were together they conceived a child, although when she was pregnant they split and she denied that the child was his, and she now has her new boyfriend's name on the child's birth certificate. Neither the mother or the new boyfriend would give permission for my partner to take a paternity DNA testing to see if the child actually is his (because he obviously wants custody). Anyway my question is, would he need consent from both the mother and the new boyfriend? As he is on the birth certificate? Also the mother doesn't have custody of the child only access on one day a week. Therefore my partner's child is living with the man who is on his birth certificate.

    Pleeeease help if you can :)
    Thank you
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    For now, your partner's ex and her partner who are named on the birth certificate, will be presumed to be the parents of the child, so you will need to obtain both of their consent in order to perform DNA testing on the child. If you cannot obtain their consent for DNA testing to confirm the paternity of the child, you will need to apply to a court to compel the other person to undertake DNA testing. Your partner would likely have grounds to seek DNA testing as he is claiming to be the biological parent of a child.

    It is actually a relatively common situation whereby a purported father is seeking to spend time with a child but the other parent claims the male is not the biological parent.

    To successfully gain an court order compelling a person to undertake DNA testing you will need to establish that:
    1. There is a reasonable excuse why a person is not likely to be a parent of a child - i.e. demonstrate that your partner was on the scene around the time of conception.
    2. Independent evidence to support this claim.
    Hope that helps.

Share This Page