QLD DNA Testing Results - What to Expect?

[unsure]

I went to court today for interim orders and only saw my ex's affidavit and response late yesterday. I expected most of the twisted truths and lies but I did not expect the request for a paternity test.

Our son is 2 yrs old and I was a full time at home dad until she moved away without consent 6 months ago. I have seen my son 3 times and only when it suits my ex, so 8 weeks one time 4 and then 7 weeks.

This was all ok as she was getting what she wanted but because I have served papers, she has hit me with this - the judge did not want to proceed with orders until a DNA testing is done. So my question is if it comes back negative, is that it for me? I then lose this precious boy that has been in my life for the last 2 yrs?

 

[AllForHer]

Not necessarily.

The FLA allows anyone with an interest in a child’s care, welfare and development to file for parenting orders, and the Court will decide whether or not to facilitate those orders based on the child’s best interests and whether the filing party actually does constitute someone with an interest.

Give that you’ve raised this child from birth and the child presumably knows no other Dad figure, the Court will likely consider you the child’s psychological father and therefore a person with an interest in the child’s upbringing.

The downside though is that if you’re not the biological father, the biological father will be invited to participate in the proceedings. There’s no way of knowing how this might change the prospects.

 

[Rod]

If there is another father and he gets involved there's a chance your liability for child support may go away.

The other consideration is your ex is just so vindictive she is using paternity testing to play mind games and cause you expense.

 

[unsure]

I don't believe if I am not the father. The other father will be involved as she wouldn't know who it was or want them involved? I do believe that she now has a new partner and has had for 6 months since she moved away and is about to buy a house and move again with this person that she just wants me out of my child's life so she can play happy families with her new partner.

 

[unsure]

Sorry meant to say will "not" be involved not will.

 

[Rod]

Well get the test and report back to the court asap.

Not sure who pays for the test but put in request for the ex to pay anyway. If you are listed as the father on the birth certificate then it should be up to her to prove otherwise (and pay).

 

[unsure]

Testing done now, just a waiting game. Court is set again for 3 weeks but have no idea what will happen - all up in the air until results are in.

 

[AllForHer]

Let us know how you go.

 

[unsure]

Thank you, I will - I have been painted as this mentally unstable violent person throughout the whole relationship and since her getting served with papers to go to court as she ignored the mediation request she is now concerned with the safety of the baby. I have had our son for 3 visits since she left without consent and she wasn't worried about his safety then, but since getting served, that is the card she is playing. If I can get past this paternity testing I think it will be a nasty battle.

 

[AllForHer]

Not uncommon in family law, unfortunately. The adversarial system turns parents into competitors, and both will often say whatever they think will give them the most ground, but don’t fall into that trap. The judges aren’t idiots, they know the games people play.

What you want to do is your absolute best to get along with Mum. Prove that you want to work together in the best interests of the child. If she doesn’t want to play ball and tell everyone how evil you are, it’s going to hurt her case more than it will hurt yours.