SA Help with Custody of Children and Child Support?

Discussion in 'Family Law Forum' started by Stevenjon, 3 April 2019.

  1. Stevenjon

    Stevenjon Member

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    Help!

    Ex is giving me hell. We have a 5-year-old daughter. I just found out she is my daughter and I'm not on the birth certificate. She is taking me to family court for full custody of children for my daughter. The only rights I will have is under supervision. She is saying I'm bad and hasn't spent time with my daughter (I haven't as I did not know she was mine).

    To top this off, she wants my name on the birth certificate just to claim child support. How is this fair? Do I have any rights here, as in, if I want my child a few nights a week, etc., what can I do? Do I need a lawyer? And why do visits have to be supervised yet she want child support?
     
  2. Atticus

    Atticus Well-Known Member

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    First of all

    1) How did you find out it's your daughter?
    2) Have you been served with any court applications?
    3) Has she made an application to the child support agency for you to pay child support?
     
  3. Stevenjon

    Stevenjon Member

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    A DNA test was taken. Yes, I have been served with papers with orders. No, she is wanting child support but can't until I sign a birth certificate. I don't want to do this as she won't let me have a relationship with my daughter. She wants full custody and how is it fair to pay when I have no say?
     
  4. Atticus

    Atticus Well-Known Member

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    If the child is definitely yours, then both parents are expected to help support that child. If one parent is contributing to that role as a primary caregiver, then the other parent is expected to pay the prescribed amount of child support for your particular circumstances.

    But can you give some more detail about this DNA test? Was it carried out by a NATA endorsed lab? Was it a legally enforceable test? Were the samples taken by and submitted by a doctor?

    It seems to me that if it were a legally enforceable DNA test, carried out by a properly accredited lab then that would be enough evidence for the CSA to act without the need for your name on a birth certificate.

    Also when you say you were served papers, are you sure those papers are from the family court seeking parenting orders or from the CSA?

    Have you both attended any official mediation to do with spending time with the child?
     
  5. Stevenjon

    Stevenjon Member

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    Yes legal DNA test ,court orderd, I want to see my daughter more she won't allow it ,I have been served with parebti
    She orders a DNA test as she decides after all these years she wants child support. It was court ordered. I now have to attend court in 3 months. She has done orders for sole-parenting. She can't claim child support till I sighn a stat dec. I am refusing as I won't get access to my daughter. One hour maybe with a supervisor I just don't see it' s fair. How can I fight this?
     
  6. Atticus

    Atticus Well-Known Member

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    Well, there are 2 issues here.

    1) Paternity testing... As it's a court-sanctioned DNA test, then the court can issue a proof of parentage certificate that will be accepted by CSA for child support. Perhaps the stat dec is for Centrelink? Either way, little point in you refusing parentage if it's been proven.

    2) The parenting orders... Yes the child is entitled to see you and in a sufficient amount to form and maintain a meaningful relationship.. But because you have never been a part of the child's life, supervised visit, to begin with, is warranted in this case and you should probably agree to that.

    In your response, you should be seeking to have increased amounts of time spent with the child, ultimately towards a minimum of 2-4 nights per fortnight, and half of school holidays... This is all on the assumption that this is possible in practical terms. Meaning you want to and live close enough to the child that this arrangement can be facilitated..
     
  7. Hanna jaye

    Hanna jaye Well-Known Member

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    Hello, if you have done a DNA test then that's all she requires to have CSA collect money from you. She actually doesn't require you to be on the birth certificate...

    I assume she likely wants you on the birth certificate for other reasons, ie so your Child grows up to feel like she mattered to both parents? Surely it wouldn't be a nice feeling to see no father on your birth certificate when you grow up.

    If this were an exclusive childsuport matter they'd be collecting off you already, maybe you need to change how your looking at this situation for the sake of this little one. Unless the mother is not aware as yet that its grounds for CSA collections, but seeing she hasn't attempted for 5 years to have you included perhaps it's not her intentions
     
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