QLD DNA Testing for Removal of Name from Birth Certificate?

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Sandra Broom

Active Member
24 October 2017
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0
31
My son agreed to put his name on the birth certificate of a child that he believed was his, now we have reason to believe this child is not his. He has been paying child support since day one and has had very little to do with the child who is now 3 years of age.

The mother of the child is not going to agree if we ask her to have DNA done so I am wanting to know is it the Family court or the Supreme court that we need to go through to have DNA testing done and if proven that my son is not the father, have his name removed from the birth certificate.

We were advised by a solicitor that the cost for this to happen and to have a barrister involved would cost in excess of $10,000.

Any information would be greatly appreciated.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
DNA tests can only be ordered if the parentage of a child is in question as part of broader parenting orders, so this would an initiating application filed for the Federal Circuit Court of Australia.

He can represent himself in proceedings if he wishes to keep costs down, but that's the extent of my knowledge on this, unfortunately. I'm not sure whether the FLA facilitates DNA testing for the purposes of removing a child from a birth certificate. It may be best to contact the Office of Births, Deaths and Marriages, perhaps.
 

Aneta Dimoska Di Marco

Active Member
21 April 2017
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0
31
43
Sydney, NSW
www.heraslaw.com
Your son is going to need legal advice. The advice will be specific to your state and relate to the child support legislation in respect to either objecting the assessment decision or appealing it. The application will be made at the federal circuit court using an initiating application seeking interim and final orders. The interim orders will need to seek the dna test, and a stay on the enforcement of child support. If your son ends up being the father, he will need to repay any child support he missed.
 

Migz

Well-Known Member
20 November 2016
325
43
719
I will gladly help you through this mine field Sandra. Don't worry about the quoted $10,000 fee, but all up he will burn through approx $1,000 to $2,000 for the thrill of going through all of this. Not a bad investment, if it proven that he is not the Father, considering I bet he will be paying more than this in Child Support year on year. Your son can do all of this himself.

1. Order the home paternity test for alleged father and 1 child is only $295. Home Paternity Testing in Australia: Accurate and Reliable | EasyDNA Australia
And before everyone jumps on me because its not NATA approved blah blah blah, I will get to that.

2. Does he ever get to see his child unsupervised? If yes, this will make the task easier, alot easier. If not, tell the ex he wants to pick the child up to go to the park or zoo for a an hour. Whats involved in the test is only a swab test of the inside of the mouth, of both Father, and child.

3. Post this test off (wait for results) so far you are out of pocket $295.

4. If the test comes back positive, then carry on with your current arrangement, keep paying Child Support, but I get the feeling that there aren't any court orders currently in place, so that is an avenue he can follow up on should he want greater involvement in the childs life should the mother be difficult to work with.

5. If the test comes back as you suspect negative, then you can, move forward. Stop paying Child Support immediately. Upload the results of the DNA test to C.S. via the mygov website or email them, with a short note that you have reason to believe you are not the Father and are in the process of taking it further.

6. Write an email to the ex, be polite, but stern, throughout the whole email (you need this for record keeping), you politely ask her that you have some doubts over being the Father and would like to go have it resolved;

a. carry out a DNA Paternity Test (NATA Approved), all 3 of you get swabbed in a medical environment (cost $800). (do not advise her that you already have the answer).

b. You will be ceasing further Child Support payments until the testing is carried out.

c. Also you will be seeking reimbursement of all Child Support Paid until now.

d. You will be filing an action against her for fraud, financial hardship, emotional stress and well being... put it all in the email, give her a week to respond. You really want this to hit home with her that you are no longer playing her game and are willing to take it further, also offer up a carrot, that should she carry out the test and its found negative, then you are willing to drop the fraud charges etc etc.

7. Should there be no response, have the same letter re-written by your local solicitor, using all the fancy jargon (cost $330)

8. Stay polite and be of good behaviour throughout all of this, and try to limit contact to just email form, I cannot stress this enough.

9. Should you still get no response, then you will need to file an "initiating application (family law)"
Initiating Application (form) - Federal Circuit Court of Australia

This will cost you $330 to file it with the court as final orders, get ready to play the waiting game, approx 3 to 6 months.

Your final order will consist of all three parties, taking a NATA approved DNA test, and you are willing to pay for it yourself. Your affidavit will also contain you previous copy of the easydna results, which is why you would like to have the NATA test done.

10. Prior to filing your court paperwork with the commsportal, make an appointment with a family law lawyer in your town, go over the paperwork with them, just to see if things need to be reworded, or added in. Cost $110 to $440, for that 1 to 2 hours.

11. File your paperwork (upload it via the commsportal) wait for your court date, and the documents to be red stamped and returned to you, print them out and serve them on the Ex (serving of documents $150).

12. Wait for court date to come around. Then self represent. All of your paperwork does the talking anyway, you will be infront of the judge for no more that 5 minutes. (thanks for the 3 to 6 months waiting period federal circuit court)

So all up it's cost you approx $295 or upto $1,800


Take a read of this as well;

https://www.legalaid.vic.gov.au/sit...ource-child-support-and-parentage-testing.pdf


Cheers
 
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Reactions: Rod

Sandra Broom

Active Member
24 October 2017
6
0
31
I will gladly help you through this mine field Sandra. Don't worry about the quoted $10,000 fee, but all up he will burn through approx $1,000 to $2,000 for the thrill of going through all of this. Not a bad investment, if it proven that he is not the Father, considering I bet he will be paying more than this in Child Support year on year. Your son can do all of this himself.

1. Order the home paternity test for alleged father and 1 child is only $295. Home Paternity Testing in Australia: Accurate and Reliable | EasyDNA Australia
And before everyone jumps on me because its not NATA approved blah blah blah, I will get to that.

2. Does he ever get to see his child unsupervised? If yes, this will make the task easier, alot easier. If not, tell the ex he wants to pick the child up to go to the park or zoo for a an hour. Whats involved in the test is only a swab test of the inside of the mouth, of both Father, and child.

3. Post this test off (wait for results) so far you are out of pocket $295.

4. If the test comes back positive, then carry on with your current arrangement, keep paying Child Support, but I get the feeling that there aren't any court orders currently in place, so that is an avenue he can follow up on should he want greater involvement in the childs life should the mother be difficult to work with.

5. If the test comes back as you suspect negative, then you can, move forward. Stop paying Child Support immediately. Upload the results of the DNA test to C.S. via the mygov website or email them, with a short note that you have reason to believe you are not the Father and are in the process of taking it further.

6. Write an email to the ex, be polite, but stern, throughout the whole email (you need this for record keeping), you politely ask her that you have some doubts over being the Father and would like to go have it resolved; 1. carry out a DNA Paternity Test (NATA Approved), all 3 of you get swabbed in a medical environment (cost $800). (do not advise her that you already have the answer). 2. You will be ceasing further Child Support payments until the testing is carried out. 3. Also you will be seeking reimbursement of all Child Support Paid until now. 4. You will be filing an action against her for fraud, financial hardship, emotional stress and well being... put it all in the email, give her a week to respond. You really want this to hit home with her that you are no longer playing her game and are willing to take it further, also offer up a carrot, that should she carry out the test and its found negative, then you are willing to drop the fraud charges etc etc.

7. Should there be no response, have the same letter re-written by your local solicitor, using all the fancy jargon (cost $330)

8. Stay polite and be of good behaviour throughout all of this, and try to limit contact to just email form, I cannot stress this enough.

9. Should you still get no response, then you will need to file an "initiating application (family law)"
Initiating Application (form) - Federal Circuit Court of Australia
This will cost you $330 to file it with the court as final orders, get ready to play the waiting game, approx 3 to 6 months.
Your final order will consist of all three parties, taking a NATA approved DNA test, and you are willing to pay for it yourself. Your affidavit will also contain you previous copy of the easydna results, which is why you would like to have the NATA test done.

10. Prior to filing your court paperwork with the commsportal, make an appointment with a family law lawyer in your town, go over the paperwork with them, just to see if things need to be reworded, or added in. Cost $110 to $440, for that 1 to 2 hours.

11. File your paperwork (upload it via the commsportal) wait for your court date, and the documents to be red stamped and returned to you, print them out and serve them on the Ex (serving of documents $150).

12. Wait for court date to come around. Then self represent. All of your paperwork does the talking anyway, you will be infront of the judge for no more that 5 minutes. (thanks for the 3 to 6 months waiting period federal circuit court)

So all up it's cost you approx $295 or upto $1,800


Take a read of this as well;

https://www.legalaid.vic.gov.au/sit...ource-child-support-and-parentage-testing.pdf


Cheers
Thank you, thank you so very much for your time spent spelling this all out to me. You have made it sound so easy, you have written it so it is easily understood and I truly cannot thank you enough. I was instructed that to do a home DNA test we require the consent of the mother, is that not correct?


Kind regards
 

Sandra Broom

Active Member
24 October 2017
6
0
31
DNA tests can only be ordered if the parentage of a child is in question as part of broader parenting orders, so this would an initiating application filed for the Federal Circuit Court of Australia.

He can represent himself in proceedings if he wishes to keep costs down, but that's the extent of my knowledge on this, unfortunately. I'm not sure whether the FLA facilitates DNA testing for the purposes of removing a child from a birth certificate. It may be best to contact the Office of Births, Deaths and Marriages, perhaps.
Thank you for the help you have provided.
 

Sandra Broom

Active Member
24 October 2017
6
0
31
Your son is going to need legal advice. The advice will be specific to your state and relate to the child support legislation in respect to either objecting the assessment decision or appealing it. The application will be made at the federal circuit court using an initiating application seeking interim and final orders. The interim orders will need to seek the dna test, and a stay on the enforcement of child support. If your son ends up being the father, he will need to repay any child support he missed.
Thank you. As I mentioned we had already seen a solicitor and were advised it would have to go to the Supreme court and that it would cost in excess of $10,000. My response to that was, no wonder so many men take their own lives. I did also mention that my son has paid child support since day 1 and has never missed a payment and he will continue to pay child support until and if he ever finds the truth.

Thank you for your response.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Migz is spot on...

Please let us know how this pans out...

I have a few concerns... So your post started with saying he believed he was the father but now doesn't... What has changed?

The other thing is you could call Relationships Australia and ask for mediation to discuss access to the child even if it is purely for the purpose of getting the DNA test done (on the quiet). She won't agree if she thinks it could cost her $.

One more possible option. Call Child support - tell them there is a dispute. Look I don't think you're no a winner here but you could call anonymously and ask their opinion... But with his name on the birth certificate I reckon you're not gonna get anywhere with them.
 

Sandra Broom

Active Member
24 October 2017
6
0
31
Migz is spot on...
Please let us know how this pans out...
I have a few concerns... so your post started with saying he believed he was the father BUT now doesn't... What has changed?
The other thing is you could call Relationships Australia and ask for mediation to discuss access to the child even if it is purely for the purpose of getting the dna test done (on the quiet). She wont agree if she thinks it could cost her??? $$$$

One more possible option. Call Child support - tell them there is a dispute. Look I don't think you're no a winner here BUT you could call anonymously and ask their opinion... But with his name on the birth certificate I reckon you're not gonna get anywhere with them.
Thanks Sammy and Migz for both your responses, they have both been extremely helpful. The reason we have our doubts about my son being the father, is the mother of the said child, claimed my son was the father of a second child. He refused to put his name on the birth certificate and also denied being the father to child support.

CS then told the mother she had to provide the proof that my son was the father and when DNA was done through Legal Aid, it proved my son was not the father. This relationship has been an on and off relationship, mainly off and no she will not let my son see the child, so your suggestion of Relationships Australia may be the way we have to go to get the access.

As you will most probably know, Rome was not built in a day, so these things are going to take time, but I am extremely grateful for the responses I have received and I will be sure to let you know how this all unfolds.

Kind regards
 

Migz

Well-Known Member
20 November 2016
325
43
719
How did you go over the past year Sandra? Any success in this "game" of Family Law?