I want to file an application seeking paternity test of a child I have been paying child support for.
NSW Seeking paternity test order
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This is often best resolved by politely contacting the other parent, preferably in writing, and seeking the parent's agreement for a paternity test to be completed on the child.
Some discretion is important, so as to not upset the child and cause the child to doubt their own parentage until the facts are known. Making enquiries about parentage can be confronting and upsetting for the other parent. When we approach parentage matters, we reduce the emotional impact by approaching the subject in a non-confrontational and cooperative manner. This helps resolve the issue while balancing the emotional effect and consequences of parentage issues on future co-parenting arrangements.
We often write on behalf of a parent to the other parent seeking a parentage test or paternity test. We find the success rate of voluntary agreement to carry out a parentage test to be high, especially as a parentage test can be completed through a swab rather than a blood test, while still providing a high degree of accuracy.
In the case the other parent does not voluntarily agree to a parentage test, you can make an application to the Federal Circuit Court for court orders for parenting matters, which can include a parentage test. However, you cannot simply apply because you have some lingering concerns. There must be some evidence that causes the parentage of the child to be in doubt and therefore be an issue in the family law proceedings. Family law courts have jurisdiction under section 69W of the Family Law Act 1975 (Cth) to make orders for a parentage test on a child, mother or any other person to establish the parentage of a child. If a parent refuses or does not comply with court orders, the court can make a negative inference from the refusal to follow orders.
If a parentage test shows that a person is not the parent of a child, a family law court can make a declaration of parentage that is conclusive evidence of parentage for the purposes of all laws of the Commonwealth.
Freemont Family lawyers provide family law services including when parentage is an issue. Book an appointment with me at Lawyer Brett Jones - Melbourne, Victoria 3000: Book Online.
Some discretion is important, so as to not upset the child and cause the child to doubt their own parentage until the facts are known. Making enquiries about parentage can be confronting and upsetting for the other parent. When we approach parentage matters, we reduce the emotional impact by approaching the subject in a non-confrontational and cooperative manner. This helps resolve the issue while balancing the emotional effect and consequences of parentage issues on future co-parenting arrangements.
We often write on behalf of a parent to the other parent seeking a parentage test or paternity test. We find the success rate of voluntary agreement to carry out a parentage test to be high, especially as a parentage test can be completed through a swab rather than a blood test, while still providing a high degree of accuracy.
In the case the other parent does not voluntarily agree to a parentage test, you can make an application to the Federal Circuit Court for court orders for parenting matters, which can include a parentage test. However, you cannot simply apply because you have some lingering concerns. There must be some evidence that causes the parentage of the child to be in doubt and therefore be an issue in the family law proceedings. Family law courts have jurisdiction under section 69W of the Family Law Act 1975 (Cth) to make orders for a parentage test on a child, mother or any other person to establish the parentage of a child. If a parent refuses or does not comply with court orders, the court can make a negative inference from the refusal to follow orders.
If a parentage test shows that a person is not the parent of a child, a family law court can make a declaration of parentage that is conclusive evidence of parentage for the purposes of all laws of the Commonwealth.
Freemont Family lawyers provide family law services including when parentage is an issue. Book an appointment with me at Lawyer Brett Jones - Melbourne, Victoria 3000: Book Online.
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Ya know, I did manage to figure that out for myself
For the benefit of those who read this later....
I ask "Why" because quite often, paternity queries are a guise for an unstated question
("the real question"), such as
- unstated resentment of the lack of control a paying parent has
over how the money is spent, and/ or - some sort of request or demand by the full time parent
to change to the amount or timing of payment, and/or - because there has been some new doubt arise in the head of the paying parent
due to somebody telling them (sometimes mistakenly) "You should do X" or "You have a right to Y", and/or - sometimes, it's because somebody has said to the (typically male) paying parent something like
"Bro, are you sure it's even yours?"
As you are already paying the CSA has obviously accepted that you are the biological father either through your say so or they have declared you to be based on one of their presumption of parentage criteria.... Which one may have a bearing?
In the first instance, as @sammy01 has implied, if you have access to the child you can take samples along to a lab to see ifs possible to get an informal result of parentage ... I say informal because that result won't be sufficient to have an existing CS assessment set aside.... If it is a result that suggests you are not the biological parent & you still wish to proceed with a court application (after considering the full affect that may have on father child relations, & how it will affect not only CS but parental responsibilities, possibly existing parenting orders etc) then it will require you to file a SECT 107 Declaration that a person should not be assessed in respect of the costs of the child
The court has the power to order DNA testing of parents if they refuse to participate. If it's found that you are not the biological father, the court will issue a Section 69VA declaration of parentage. That declaration will be accepted by the CSA & the current assessment will be terminated. If the court does make that declaration, it must also as soon as practicable consider making an order for payments made by you to the payee be paid back to you (or the payer).
There is no guarantee those payments will be ordered back, it depends on considerations set out in SECT 143 Amounts paid where no liability to pay exists etc.
Reality check Brah ....
The 2006 High Court Ruling led to many calls from within Australia for reforms and changes to the Family Law Act and the Child Support Act to help protect men in Mr Magill's situation.[14] By 2008 putative fathers in Australia could begin using DNA testing to confirm paternity regarding support orders after new changes, "section 143 of the Child Support (Assessment) Act", took effect regarding Family Court policies. The Magill case is often cited regarding new law reforms in Australia and is considered a landmark type case
SOURCE >>> Paternity fraud
Studies have found that around 25% of fathers are not actually the biological parent of their kids
There is also the medical consequences that can flow for a child throughout life from believing that they are the biological child of a parent whom they are not.
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