SA DNA Testing and Ex Seeking Final Orders - What's Next?

Discussion in 'Family Law Forum' started by Bobbyadelaide, 5 April 2019.

  1. Bobbyadelaide

    Bobbyadelaide Active Member

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    I have a hearing coming up in 3 months. I have refused to sign a declaration that I am a parent. A legal DNA testing was taken and I was proven to be the father. Now the mother has sought final orders.

    My question is, can a judge force a declaration and if so, would this be the final court hearing or will it most likely to be adjourned? Also, if a judge makes a declaration that I am the father, will I be made to sign a birth certificate? How does that all work?
     
  2. Atticus

    Atticus Well-Known Member

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    Yes, a judge can issue a section 69VA declaration of parentage that is conclusive evidence of parentage for the purposes of all laws of the Commonwealth. With it, the mother could then have you named as the father on the birth certificate with or without your involvement.
     
  3. sammy01

    sammy01 Well-Known Member

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    Sign the forms.... You are the dad.... True? So what is the point in delaying it? You'll likely be ordered to back-pay child support to the time of application and you'll have costs involved in the court hearing, unless you self represent. Even then you could see a cost order made against you, so you'll be paying the mother's legal bills too...
     
  4. Bobbyadelaide

    Bobbyadelaide Active Member

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    Sammy, when you say can backdate child support to the time if the application, what does that mean? Can I really be ordered court costs on the hearing date and is it likely to be the last hearing or can they adjourn?

    Also, the mother has an order that I can see the child in writing by mutual agreement only. What if she refuses to let me, like she says she is busy and I can't see the child? Is there another thing I can request in court without it in writing?
     
  5. sammy01

    sammy01 Well-Known Member

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    OK - that was an important omission on your part. So you want to see the kid?

    Yup, by mutual agreement isn't good enough. That means you'll never see the kid unless mum wants you to.
    So as far as costs go, that is a bit of a game changer.
    You're not refusing to accept reality just to avoid child support. You are wanting the hearing so you can get reasonable access to the kid and that is fair enough.
    How old is the kid? how much time do have now? how much time do you want?
     
  6. Bobbyadelaide

    Bobbyadelaide Active Member

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    Sam,
    The child is 2; I haven't met her.

    I have no communication with the mother, I'm am still deciding what to do that's why I haven't signed a declaration. She has put in orders for the court hearing that I signed a declaration and can only see the child if it's in writing and if she agrees to it.

    I know she will say no and say I want to see the child on a school holiday or something she will more than likely write back that they will be away. So is there another way around this or do you recommend agreeing to the visitation in writing I just think that could be a trap and she will say no?
     
  7. sammy01

    sammy01 Well-Known Member

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    Mate you've got to work out what you're gonna do here. Be a dad, or don't because the worst thing you can do is rock up a few times then disappear.

    so what about you compromise - Remember this is a young child... So stuff like:
    Visits 1 once a month at a contact centre with both parents splitting the costs.
    Then:
    Mum must facilitate visits if 21 days notice is given, up to 15 times a year. She has the right of refusal on only 2 instances.
    From the age of 4
    Fortnightly.

    Important - you want something about Rice and Asplund not applying do to the age and nature ofthe case. So that means it will be easier to get back into court when the kid is 5 and you want more time
     
  8. Bobbyadelaide

    Bobbyadelaide Active Member

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    Thanks Sammy,
    I don't have lawyer and the orders she is seeking on court is that I sign a declaration, and if I want to see the child it has to be I'm writing and agreed by her , can I go into the court on the day and object to the agreement in writing and request what you mentioned or would I not have a good chance .
     
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