VIC Visitation, with-holding child, birth certificate

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Zenithangel

Member
5 September 2018
1
0
1
Hello, I have a few question just looking for some quick answers. First of all my partner has a daughter aged 4 with his ex. She has now claimed that another child she has just had is also his which he denies completely. she is now refusing him to see his daughter (4year old) because she wants him to have a dna test for the new baby. Which he refuses to do as we believe it is his brothers due to the information she has given us which will still come up as a match for his dna. Is she allowed to with hold the 4 year old on this basis of him getting a dna test for the new baby?

Also, what is the law on birth certificates? He signed the four year olds, but for this new child My partner was neither there, nor did he sign anything or claim anything on the child. Any help appreciated with these questions.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Is she allowed to withhold the 4 year old on this basis

No, this is being unreasonable.

DNA testing these days should be able to discern which brother is the father. Though I think the standard test cannot be used, but a more advanced test. Maybe suggest that if she pays for the advanced test you'll consider it.

Sorry, don't know the answer to your birth certificate question. But read this for more information: Add or remove a parent on a birth certificate | Births Deaths and Marriages Victoria
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,935
820
2,894
Sydney
It's possible, although more complex,
and therefore takes longer, and is more expensive than usual,
for DNA testing to distinguish between siblings. Sometimes even twins.

He may benefit from a discussion with his own GP
about arranging testing.
There will probably be fees, that Medicare won't cover.

The outcome you want is for him to be able to say to the mother
something like...

"OK, I'll take this child you claim is mine
to my own doctor.
My doctor will take DNA samples,
and arrange the testing on my behalf."

Bottom line - don't jink around with self-testing kits etc.
This is a job for a pro lab.