VIC Refusing Paternal DNA Testing After Court Order - Legal Ramifications?

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confusedmum

Member
4 March 2015
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My question is that the father of my child is not my husband. My husband and I made the decision to keep the pregnancy and raise him as ours. He has my husband's surname and my husband as the father on the birth certificate.

The biological father agreed initially this was the best way, but has now decided that he wants a DNA sample done. We are refusing, so he will be taking us to court to get DNA testing ordered. If we still refuse, what trouble will we be in, as I have read that even with an order, we still won't be forced. Just trying to confirm either way.
 

Rod

Lawyer
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27 May 2014
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If you refuse to follow a court order you can be held in contempt of the court. This is a totally different matter to the DNA testing and will be treated as a new case by the court. Suggest you google the penalties for contempt of court.