NSW DNA test to prove you are the father.

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Simplify

Active Member
4 December 2019
5
1
39
Hi all,
I'll try and make this brief,
A friend of mine (male) was in a relationship with a girl for sometime and upon the relationship ending he found out she was pregnant.
She refused to talk to him, denied he was the father and refused to put him on the birth certificate and has cut all contact with him.

Baby has now been born and she still refuses to contact him.

He contacted legal aid and they ended up saying, his case wasn't important enough to pursue and that he needs to get a lawyer.
He has been seeing his lawyer and paying them money each time and has now received a letter stating it will be $20,000 for them to continue the matter through the courts.

Is there an easier alternative that he can choose to go down rather than pay a sum of money that he can not afford?

Is there a simpler way he can do this on his own?

All he wants is a DNA test to prove the kid is/isn't his so that he can either be/or not be a part of this child's life as I'm guessing they have a right to know the truth.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,632
699
2,894
Sydney
Let's talk about what we are really talking about.

Depending on paternity, you he may or may not be liable to pay child support.
As a general thing (there are some exceptions), you are not a person is not liable to pay child support for a child in which is not theirs.
The easiest way to handle this is to wait until there is an application (ord demand) for child support,
and then dispute paternity. If paternity is disputed, then you he can get a court order for testing.
Understand however that there may never be a demand for child support.
This is often because the (usually) mother thinks that child support and access are conditional upon each other.

Further, just because someone is paying child support,
they don't get the automatic right to, as the men's righters-say
"be involved in the child's life".

While the child has a right to know and have a relationship with the "other" parent,
where it is safe and generally in their best interests for it to happen,
the same is not the case for the "other" parent.

A fee of twenty grand, or more... hard to say.
It depends on the surrounding facts and circumstances (which we don't know about)
and what sort of work may be involved.
 

Simplify

Active Member
4 December 2019
5
1
39
Let's talk about what we are really talking about.

Depending on paternity, you he may or may not be liable to pay child support.
As a general thing (there are some exceptions), you are not a person is not liable to pay child support for a child in which is not theirs.
The easiest way to handle this is to wait until there is an application (ord demand) for child support,
and then dispute paternity. If paternity is disputed, then you he can get a court order for testing.
Understand however that there may never be a demand for child support.
This is often because the (usually) mother thinks that child support and access are conditional upon each other.

Further, just because someone is paying child support,
they don't get the automatic right to, as the men's righters-say
"be involved in the child's life".

While the child has a right to know and have a relationship with the "other" parent,
where it is safe and generally in their best interests for it to happen,
the same is not the case for the "other" parent.

A fee of twenty grand, or more... hard to say.
It depends on the surrounding facts and circumstances (which we don't know about)
and what sort of work may be involved.

He hasn't and more than likely won't be asked to pay child support as she is refusing to have any contact with him, but it's almost definite that it is his child and he wants to have access.
This isn't a matter of child support it's a matter of him wanting to have access to his child but the only way of having that right I'm guessing is through being on the birth certificate which he is not or having a DNA test done.

Is there a way for him to self represent and not pay such a fee?
 

Atticus

Well-Known Member
6 February 2019
1,145
187
2,394
He has been seeing his lawyer and paying them money each time and has now received a letter stating it will be $20,000 for them to continue the matter through the courts.
Wow.... So what advice has he received so far?.... Is the quote for $20K just to establish parentage, ie, seek an order for DNA sampling, or doe's it also include an application for & representation to seek a parenting order if parentage is established?

So a very important question that will help decide if he can pursue this through the court or not..

Was he living with this woman?... & if so was he doing so at any time during the period beginning not earlier than 44 weeks and ending not less than 20 weeks before the birth
This is CRITICAL.... If the answer is yes, then under the family law act he is presumed to be the father, which means he can apply (himself if he wishes) for an order to establish parentage. There can still be a hitch, but lets see what the answer to that question is first
 
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Simplify

Active Member
4 December 2019
5
1
39
Yes he was living with and was in a relationship within those time frames.
If need be there's more than enough references to prove he was.

I am uncertain as to what he received, just that it will cost $20k to get an outcome but I thought it was something civil that could be done without having to pay a lawyer as he is just going through a process rather than needing someone to twist words, etc.
 

Atticus

Well-Known Member
6 February 2019
1,145
187
2,394
Yes he was living with and was in a relationship within those time frames.
If need be there's more than enough references to prove he was.
That's a good start. That means the family court has jurisdiction.....So here's the section of the family law act he will be relying upon to file an application for DNA testing >>> FAMILY LAW ACT 1975 - SECT 69Q Presumption of paternity arising from cohabitation

He would be seeking an order for a parentage testing procedure pursuant to section 69W of the family law act >>>> http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s69w.htm

I am uncertain as to what he received, just that it will cost $20k to get an outcome but I thought it was something civil that could be done without having to pay a lawyer as he is just going through a process rather than needing someone to twist words, etc.
He can make these applications himself but it will require him to file forms, in the proper format, supporting affidavits etc.... If he is willing to do some homework & get his head around these things all well & good. If not, he is going to require assistance. Sometimes a community legal centre can help with applications.... I suspect the $20K quoted may include an application to pursue orders for visitation as well. For $20K you would certainly want it to be.

The other points that your friend needs to seriously consider is the lengths this woman may go to oppose the applications... It could be lengthy & potentially costly.... At the end of the day, unfortunately even if he is granted orders for visitation the mother may cause a great deal of grief by contravening orders or basically finding excuse after excuse to 'play games' with nasty intent..... He should also be aware that although she can actually apply for child support now because of that presumption of paternity arising from cohabitation, she almost certainly will when he begins this process if she has not intended to up till now..... Basically he needs to go in eyes wide open...
 
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Simplify

Active Member
4 December 2019
5
1
39
That's a good start. That means the family court has jurisdiction.....So here's the section of the family law act he will be relying upon to file an application for DNA testing >>> FAMILY LAW ACT 1975 - SECT 69Q Presumption of paternity arising from cohabitation

He would be seeking an order for a parentage testing procedure pursuant to section 69W of the family law act >>>> http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s69w.htm


He can make these applications himself but it will require him to file forms, in the proper format, supporting affidavits etc.... If he is willing to do some homework & get his head around these things all well & good. If not, he is going to require assistance. Sometimes a community legal centre can help with applications.... I suspect the $20K quoted may include an application to pursue orders for visitation as well. For $20K you would certainly want it to be.

The other points that your friend needs to seriously consider is the lengths this woman may go to oppose the applications... It could be lengthy & potentially costly.... At the end of the day, unfortunately even if he is granted orders for visitation the mother may cause a great deal of grief by contravening orders or basically finding excuse after excuse to 'play games' with nasty intent..... He should also be aware that although she can actually apply for child support now because of that presumption of paternity arising from cohabitation, she almost certainly will when he begins this process if she has not intended to up till now..... Basically he needs to go in eyes wide open...
Thank you very much, you've been very helpful.
What a wonderful amount information you have supplied.
 
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GlassHalfFull

Well-Known Member
28 August 2018
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The only thing I can add to what has already been said (and I think I'm mostly reiterating what Atticus said) is that just because the mother has wanted zero contact with the presumed father so far, that doesn't mean she isn't likely to ask for child support. She legally COULDN'T ask for child support from him if he wasn't legally the father. As soon as that changes, there's no reason why a vindictive and difficult person wouldn't suddenly pursue child support, if nothing else than to discourage him from pursuing it further. Eyes wide open is good advice for many of the situations us punters find ourselves in...
 
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sammy01

Well-Known Member
27 September 2015
4,188
603
2,894
Yep warning - dad could spend thousands to prove paternity - then pay child support as a result - and not see the kid because just proving paternity doesn't automatically get him access.

Now I reckon he isn't the dad. He he was, then she would be keen on getting child support from him.
 

Eddie55

Member
8 December 2019
1
0
1
Hi all,
I'll try and make this brief,
A friend of mine (male) was in a relationship with a girl for sometime and upon the relationship ending he found out she was pregnant.
She refused to talk to him, denied he was the father and refused to put him on the birth certificate and has cut all contact with him.

Baby has now been born and she still refuses to contact him.

He contacted legal aid and they ended up saying, his case wasn't important enough to pursue and that he needs to get a lawyer.
He has been seeing his lawyer and paying them money each time and has now received a letter stating it will be $20,000 for them to continue the matter through the courts.

Is there an easier alternative that he can choose to go down rather than pay a sum of money that he can not afford?

Is there a simpler way he can do this on his own?

All he wants is a DNA test to prove the kid is/isn't his so that he can either be/or not be a part of this child's life as I'm guessing they have a right to know the truth.
As hard as this is the only way to do it is through the courts.
This can be very expensive and a long process.
You could possibly contact child support and say you are pretty sure y9ur the dad and they might get her to do a paternity test .
Or maybe hire a private detective to locate her than talk to her.
It sounds like she wants to raise this baby alone . If you go to court your paying all that money that could end up in stress and heartache .