paternity request - can i mention to ICL in letter ?

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PorkyPine

Member
16 November 2020
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Hi, I need to reply to a letter from the independent children's lawyer regarding the Minutes of the orders she will seek at next court date .
In the past few days I have discovered that the mother of our child confided in her best friend that that she had slept with another man at the same time as being in a relationship with me and she did not know who was the father of the baby. Given the child is now 3.5 years old ( i have been fighting for access since April 2019 when we separated and not seen child since then ) would I be able to repsond to the ICL with this news and request that a court odered paternity test also be included in the orders sought ? the mother does not know I have been given this information that my daughter may not be mine biologically and i did not ever suspect otherwise at the time she was born. But given we broke up when she was having affair with another man and was pregnant with a second baby I am now questioning my paternity. I plan on naming the other possible father in the the request to the ICL.
thank you.
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
Hi, I need to reply to a letter from the independent children's lawyer regarding the Minutes of the orders she will seek at next court date .
In the past few days I have discovered that the mother of our child confided in her best friend that that she had slept with another man at the same time as being in a relationship with me and she did not know who was the father of the baby
What do you want to achieve by this first of all? If the child is found to not be yours then as you have never had a relationship you won't be getting orders for visits.

If you want to go ahead, you can apply for an order that a parentage test be carried out yourself, or leave it to the ICL... Personally, I would be inclined to apply myself & let the ICL know that an application for paternity test has been filed.

Make an application in a case for a test pursuant to Section 69W of the family law act >>> FAMILY LAW ACT 1975 - SECT 69W Orders for carrying out of parentage testing procedures
You will need to file an affidavit with it.... Don't see the need to name any suspected father