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VIC Family Law - Force Father to Get DNA Testing?

Discussion in 'Family Law Forum' started by Lorry, 24 February 2016.

  1. Lorry

    Lorry Member

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    I am 52 years old and didn't grow up with my natural birth father. He also wasn't listed on my birth certificate. I did, however, meet him in person when I was 15 and he verbally acknowledged me as his child. I grew up in an extremely dysfunctional lifestyle that meant leaving school before I was 15 years old.

    My birth father has kept me a secret from his family including a half sibling. Their family unit enjoyed the financial security and result of his hard work with a very stable lifestyle including a 2nd home overseas outside of Australia.

    I have purposely followed his rules of not contacting him too often and not revealing myself to the family. He now, however, seems to be suffering from memory loss and is denying he knows who I am.


    Is there a way to force a DNA testing at this late stage, to be able to claim a portion of his estate when the time comes? I have never asked for money or financial support, but now, as time is marching forward and he is approaching his 80's, I feel I need to stop 'wondering' and start asking. Is this even a thing under Family Law?
     
  2. Lorry

    Lorry Member

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    Or any law for that matter....maybe not family law. Maybe a different legal area.
     
  3. AllForHer

    AllForHer Well-Known Member

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    I've been considering this post a bit and I'm afraid I still can decide on an accurate answer to give you. I think you may have better luck speaking with an expert in wills and estates because I don't think the Family Law Act can cover this matter adequately. For example, a declaration of parentage in family law is only made where another parenting order is pending, such as how much time a child spends with their parents, etc. The Family Law Act, insofar as I am aware, does not really stipulate declarations of parentage for adults in relation to wills.

    I really encourage you to get legal advice from someone who deals in wills and estates. I am sorry I can't be more help.
     
  4. Tim W

    Tim W Lawyer

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    It's not a question of family law at all.
    It's a question of (Wills and) Succession Law.

    In the event of a family provision claim, and (part of) the respondent's
    submissions includes something "We don't know him. We've never heard of him",
    then you might have a 50-50 chance of getting a test ordered.
    Understand though that mere blood will not be enough - family provision claims are more complex than that.
     
  5. Lorry

    Lorry Member

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    Thank you so much for your answers. I just thought I would ask here first before trying to find legal advice. It's all very confusing.
     

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