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VIC Father of Child Permanent Resident of Australia - DNA Testing?

Discussion in 'Family Law Forum' started by Sweet_constance, 18 February 2016.

  1. Sweet_constance

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    My baby was born overseas ( Hong Kong). I am not an AU citizen. The father of the child is a Permanent Resident in Australia.

    The father knows that the child is his but he won't stand up for it since he needs to protect himself. So, what can I do now? How can I apply family court to request for him to do take a DNA testing?

    I think this case is involved with Immigration Law. I don't know whether I should ask a lawyer from Hong Kong for help, or lawyer from AU. I believe it will take a very long time and a lot of money.
     
  2. AllForHer

    AllForHer Well-Known Member

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    I don't understand - are you chasing child support? Is the father named on the birth certificate?
     
  3. Sweet_constance

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    Hello all for her,

    The father wasn't sign any name on the birth certificate, since he is a married man. I just want my baby get back her identified (AU citizen) it help her have a good education in AU, because it is belong to her, and she is qualified!
     
  4. Sweet_constance

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    But the father is not willing to take this responsibility plus he won't help and apply my child for a citizen. I know if I am a citizen of AU, I can contact legal aid such as association for help, but unfortunately, I m outside Australia, born this baby in oversea and I m non citizen. I really don't know whether I can sue him and how many precentage I can win !!!
     
  5. AllForHer

    AllForHer Well-Known Member

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    Honestly, I don't think the Australian court is going to have jurisdiction in this matter - there's no proof the child is his outside of a DNA test, and the court won't order a DNA test unless there are other proceedings pending that depend on parentage being determined. Since the child is legally 'fatherless', the father being an Australian citizen won't be grounds for the Australian court having jurisdiction. I think you would need to file proceedings in Hong Kong. Even then, you can't guarantee the child will be granted dual citizenship.
     

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