QLD Mother of Child Refusing DNA Testing?

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tarni

Member
15 November 2016
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My partner is paying child support for a child he believes isn't his from a one night stand a few years ago. How would the mother have been able to claim child support? He did have a court date for a DNA test but missed it as he lives in Qld and needed to be in NSW for the test and he couldn't get there.

The mother of the child has been speaking to my partner's father saying she didn't want child support and didn't want the child to have anything to do with him (my partner) but wants the child to know it's grandparents. We have tried messaging her to arrange another DNA test but she doesn't respond.

What can we do to sort this out? We have recently had a baby together and I would like to know if she has an older sibling instead of been left in the unknown and my partner paying for a child that may not be his.
 

Rod

Lawyer
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27 May 2014
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Has the child had a DNA test?
 

sammy01

Well-Known Member
27 September 2015
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He had a court date but missed it? Sorry, don't believe it. In order to get a court hearing to apply for DNA testing, he must have put in some leg work... So taking a few days off work to go interstate is heaps cheaper than continuing to pay child support for years.

His only option is court - he had that option but didn't show up?

When CSA called to tell him that he was a dad, he clearly didn't deny it, true?
 

tarni

Member
15 November 2016
3
0
1
he had a court date but missed it? sorry don't believe it. In order to get a court hearing to apply for DNA testing he must have put in some leg work... So taking a few days off work to go interstate is heaps cheaper than continuing to pay child support for years. His only option is court - he had that option but didn't show up???

When CSA called to tell him that he was a dad - he clearly didn't deny it - true?

He actually got a letter in the mail for the court date. He didn't organise the DNA testing, the mother of the child did.

Child support never called in regards to being a dad either, he received it in the mail and I've been trying to get him to do something about it ever since. The mother isn't communicating with him and he has tried going through legal aid but he needs information from the mother.
 

Rod

Lawyer
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27 May 2014
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There is a legal principle in cases like this where even if he is found not to be the father, a judge will deem him the father because he refused/neglected to enforce his rights when he became aware of the possibility he was not the father. Sort of like a statute of limitations but different type of law.

If the mother won't co-operate then you need court orders, which may not be granted for the reason I mentioned above.
 

sammy01

Well-Known Member
27 September 2015
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Yep - it is inferred that if he did nothing to indicate he isn't the father, the he is...