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Non-Australian Citizen Asked by Ex for DNA Testing - Thoughts?

Discussion in 'Family Law Forum' started by Sami16754, 19 September 2015.

  1. Sami16754

    Sami16754 Member

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    Hi,

    A year and a half ago, an Australian citizen visited my country and we had a short relationship without marriage. I asked her if she was on pills and she confirmed she was. Today, she told me that she was pregnant and delivered a baby she claimed he/she is mine. She asked me to get DNA testing and send it to her without giving me any other details about her request or the baby ( she didn't even tell me the gender of the baby).

    As non Australian citizen who lives overseas:
    - I would like to know what is she up to?
    - What are the legal liability under Australian Law I have toward her and the baby?
    - Should I send her the DNA test or not? What are the consequences of each decision on me, her and the baby?
    - In case I did not send the DNA, can I still support her and the baby financially without bearing any other legal liabilities under Family Law?
    - In case I decided to immigrate to Australia to marry the mother, do I get a visa to live and work in Australia?

    Thanks in advanced
     
  2. Tim W

    Tim W Lawyer

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    Which parent are you?
    And which of you is the Australian citizen?
    In which country was the child born?
     
  3. Sami16754

    Sami16754 Member

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    I am the father.
    The mother is the Australian citizen.
    The baby was born in Australia.
     
  4. Tim W

    Tim W Lawyer

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    1. The DNA Test will be to show if you are or are not the biological father.
      Is it possible that you are not?

    2. If, after a DNA test, it turns out that the overseas person is not a biological parent,
      then that person has no obligations to the child - because it's not their child.

    3. In Australia, in situations where biological parents do not live together,
      one generally has to pay Child Support to the other.

    4. Australia has reciprocal arrangements with several other countries
      for the paying and receiving of child support (both ways), when one parent lives overseas

      You should check the list in the link above - because some countries
      that are popular places for Australians to visit are not on the list.
      For example, Indonesia and Thailand are not on the list.
      Similarly, Hong Kong is, but mainland PRC isn't.

      Not being on the list does not mean that you won't have obligations to the child,
      it just means that Australia doesn't have an arrangement with the other government
      for them to help collect the money.

    5. Immigration and paying Child Support are unrelated, and the one does not create any rights in the other.
     

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