QLD Legal dna test now what?

Discussion in 'Family Law Forum' started by Anonymous User 9895, 19 December 2019.

  1. Anonymous User 9895

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    Hello
    I've finally received the legal dna test from my son's father after months of negotiating it but I'm unsure how to get that he's the father recognised by child support even with this test.
    I should note I have the highest level DVO against him covering myself and my son as he's abusive, unstable and violent so getting him to cooperate on anything is an incredible challenge.
    He has stated in writing he will sign full parental responsibly to myself and custody as he doesn't want our son but he refuses to sign the birth certificate still. I'm in the process of getting a 60i certificate to start legal proceedings to get a final order for custody but is there a way to get CS before all that. He hates paying money for his other son and he loves and wants that child so I know I'm in for a fight
    Any help would be appreciate I don't qualify for legal aid and the quoted $8000 To get a lawyer for this is more than I can afford with having to finish work early due to his violence while pregnant.
     
  2. Atticus

    Atticus Well-Known Member

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    The first question is whether the presumption of parentage criteria may apply...so were you living together at any time during the period beginning not earlier than 44 weeks and ending not less than 20 weeks before the birth?
     
  3. Anonymous User 9895

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    No we were only dating the entire relationship I kept my house and he his even after I fell pregnant until it ended in September
     
  4. Atticus

    Atticus Well-Known Member

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    Okay. Well that's a dead end.... Have you actually got a conclusive result of paternity from the DNA test?.... Is the lab a NATA registered organisation who's tests are recognised by courts?
     
  5. Anonymous User 9895

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    Yes it was a positive match for paternal DNA through a NATAregistered testing facility linked to the legal aid website. All 3 of our samples were taken and tested along with the photo evidence and jp signed documents.
     
  6. Atticus

    Atticus Well-Known Member

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    Good start. So the CSA will require a section 69VA declaration of parentage from the court to start a CS assessment... The evidence you have seems solid. You will need to file an application with the federal circuit court. You can DIY.... Call court registry office, ask them what forms you need to file for a 69VA declaration of parentage...

    After filing you will need to have it served on the father & he will have the opportunity to respond... If he chooses not to, then the court can issue an order compelling him to undergo a test if they deem it necessary, & draw a conclusion from his refusal if that happens.... or they may well be satisfied with the evidence you already have...
     
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