NSW Paternity Questioned by the Dad - Family Court Recourse?

Discussion in 'Family Law Forum' started by CheshireCat, 3 December 2018.

  1. CheshireCat

    CheshireCat Active Member

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    Court case is underway. Baby born in qld going on 5 years ago. Long story short, currently dad in nsw with fiance and another daughter.

    He said he went to Brisbane to get better job to support his daughter but he lied and left the state.


    I went home to wa a year after he left. Not had any contact with him in person or phone. Emails changed from him being keen to see daughter on potential visit (emails exchanged march) to email sent by him to my father in April claiming we never together and "the child" product of me having IVF with a former ex sperm and demands for money by later that month or he will contact the ex , press charges, go to today tonight.

    I refused his request for DNA test as he was so out of line and refused to say what "agency" or show proof his claims were real. I would only do a legal test not a home kit and he took that as a no, but I meant a DNA test he could not have any way of submitting false DNA and I was not prepared to pay for it as I do not need this test and would not let him blackmail me for money.

    So he eventually end of September, served me and affidavit and annexures were so ridiculous I got lawyer. Very ridiculous malicious lies.

    He claim as I a scientist I can tamper DNA tests which he did not back up with any evidence and denied we were a couple.

    I responded with brief description with dates of events that I can back up with evidence and none of that mattered.

    My job isnt in DNA testing yet his statement was believed by judge. This has made process lengthy damaging snd expensive as he keeps sending crap emails all the time and has delayed now paying his half of test.

    My request for showing photos of his tattoos to his collector denied. I'm scared he will submit false sample and get away with it.

    I have not had IVF and do not freeze sperm . I had no sexual contact with any other man at all in the whole time I did with him.

    He did not previously question paternity until April and daughter about to turn 5.

    Very delayed case still no test done and he blames everyone from me to my lawyer to the judge, the lab and his interpreter as he is saying deaf disability. He not deaf, or unemployed or any other lie. Can prove all.

    Lawyer not interested in anything but actual paternity test.

    I want to get him to be served with rock solid evidence we were together (I would rather pretend I never met him), evidence of his deceit in how he left, evidence he is faking disability to not have to speak in court and force him to prove his stupid claims of my alleged ability to tamper DNA tests due to my job in an unrelated science field. His whole argument is a fairy tale and I dont know why he would do this to me.

    The damage to me has been so bad I have considered suicide every day.

    Is the family court going to actually give me this chance at the hearing in February?

    Is it worth even bothering asking lawyer as she is v expensive?

    Can I take him to court for part my costs when test shows he is, unfortunately, her father?

    Can I get him to give up this parental right and dont care about child support at all anyway.

    Very long, sorry, I need some assistance here . I need advice about legal advice- lawyer too expensive to ask directly....errr...lol
     
  2. sammy01

    sammy01 Well-Known Member

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    I'm confused? Dad applied to court? What is he asking fro m the court.

    You seem to want a whole lot of stuff, but with respect it is irrelevant. It doesn't matter that you guys were or were not a couple (or for that matter whether or not you had a one night stand) . The only thing the courts are gonna want is to find out if he is the dad and then he pays child support and it is up to you and him to work out what sort of relationship the kid will have with dad. Again, if you can't work that out between yourselves then the courts will. But by the sounds of things he doesn't want to be involved with the kid? But why would he apply to court? Just doesn't make sense? Have I missed something?
     
    Rod likes this.
  3. The Cheese

    The Cheese Active Member

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    Is he asking for a section 107 declaration to get out of child support? That's the only reason why I can think he'd be going to court if he doesn't want contact. Like Sammy01 said, the court will be looking to establish parentage through a DNA test and then deciding.
     
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