NSW Paternity testing from father

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Sarahsyd

Active Member
7 November 2018
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The father of my five year old daughter has denied my child and hasn't even met my child, 3 years ago I started a case with a lawyer for him to undergo paternity testing, he kept writing back to my lawyer saying he has never had sex with me, that he would text and threaten me if I proceeded with the testing. He finally went to court this year and admitted the truth that he had sex with me, he agreed to a test and the judge placed orders on him for a test, however we have a court case comming up this month and my lawyers haven't been contacted and he hasn't even done the test. If on the court case he hasn't done it as orderd what will happen or what is likely to happen
 

sammy01

Well-Known Member
27 September 2015
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2,894
what is likely to happen? Don't know, but the magistrate has a range of options including making a cost order against dad or simply determining that he is the father because he has refused to do the necessary things to demonstrate that he is not the father.
Magistrate could also adjourn the matter to give the guy another chance to do the test.
Please get back to us and let us know how it goes.
 

Sarahsyd

Active Member
7 November 2018
5
0
31
what is likely to happen? Don't know, but the magistrate has a range of options including making a cost order against dad or simply determining that he is the father because he has refused to do the necessary things to demonstrate that he is not the father.
Magistrate could also adjourn the matter to give the guy another chance to do the test.
Please get back to us and let us know how it goes.
what is likely to happen? Don't know, but the magistrate has a range of options including making a cost order against dad or simply determining that he is the father because he has refused to do the necessary things to demonstrate that he is not the father.
Magistrate could also adjourn the matter to give the guy another chance to do the test.
Please get back to us and let us know how it goes.
Thanks for your kind and true words, this process has been stressful and has cost a fortune I will definitely let you know how I went, are you a lawyer
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
If the test was court ordered and not undertaken, then push for an order saying he is the father and go straight to CSA with your order and start the ball rolling with child support.

The judge may adjourn the decision if the guy comes up with a good excuse, but deal with the matter then.

Might be worth a call to CSA anyway to see if they can take an application now rather than wait till the court order. CSA generally don't back date child support so there's a possible benefit to applying now if they will accept it.
 

Sarahsyd

Active Member
7 November 2018
5
0
31
If the test was court ordered and not undertaken, then push for an order saying he is the father and go straight to CSA with your order and start the ball rolling with child support.

The judge may adjourn the decision if the guy comes up with a good excuse, but deal with the matter then.

Might be worth a call to CSA anyway to see if they can take an application now rather than wait till the court order. CSA generally don't back date child support so there's a possible benefit to applying now if they will accept it.
Thanks and yes the test has been court orderd he has 2 more weeks to do it