Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

NT Ex Wants DNA Testing - What are My Rights?

Discussion in 'Family Law Forum' started by Garyalias, 12 August 2016.

  1. Garyalias

    Garyalias Member

    Joined:
    12 August 2016
    Messages:
    2
    Likes Received:
    0
    Hi,

    An ex from when I was 20 emailed me and told me that she has a child and claimed I am the biological father. While the dates line up, there is some doubt whether this is accurate. She claims that the child wishes to make contact.

    I have a family and do not feel any emotions towards this news. My ex has threatened a DNA testing to prove this and have me on the birth certificate. She has claimed she does not wish financial support.

    What are my legal obligations? Do I need to provide DNA after this amount of time? What are my rights?

    Anything would be great.
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,632
    Likes Received:
    496
    So, on her part, this situation would probably need a declaration of parentage, which can only be made by the Court. Consquently, to get you to conduct a DNA test, she would need an order from the Court to do it, but as far as I'm aware, you can't get a declaration of parentage unless there is some other matter at hand that the Court needs to determine, such as parenting orders or a child support issue.

    In short, you can't be forced to provide a DNA test except by order of the Court.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Garyalias

    Garyalias Member

    Joined:
    12 August 2016
    Messages:
    2
    Likes Received:
    0
    If she chose the approach of child support payment, would she have grounds to after 13 years without any form of contact? Also what would I have to pay and would I be forced to back pay?

    Thanks again
     
  4. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,632
    Likes Received:
    496
    Yes, she would have grounds, but she won't be able to claim child support for the 13-year period of absence. It would only be from the date that she notifies CSA until the day the child turns 18.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;