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QLD wanting to know if home dna tests call for court ordered ones if found the child is not yours

Discussion in 'Family Law Forum' started by EmmaN, 16 November 2017.

  1. EmmaN

    EmmaN Well-Known Member

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    we want to get a dna test done on my partners child, but her mother keeps denying to do one and 'schedules' them, gives us a time and then they all of a sudden need to be rescheduled but after a phone call to the office, we see nothing was ever booked. if we go through a home dna test kit first without her knowledge can this still be bought to a lawyer if it turns out the boy isnt his? we were worried that because he is over 2 that it means this cant be revisited and child support reimbursed and perhaps the lies and accusations she put through court to win custody would be wiped from his family court record.
     
  2. sammy01

    sammy01 Well-Known Member

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    I would do the home test and keep quiet on the result. At least it would give you confidence (or not) to proceed if the result came back as negative
     
  3. Clancy

    Clancy Well-Known Member

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    I thought your supposed to put a petition to the court to have a DNA test done?
     
  4. EmmaN

    EmmaN Well-Known Member

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    but is that something courts look at without question? if it was to come back that the child he pays child support for but isnt allowed to see is in fact NOT his child, what would the outcome be?

    would we mention the home dna test to the lawyer to get a court ordered one?
    would the judge relinquish the said 'father' of all commitments and he be able to stop child support?
    and would the judge take into account that the child is nearly 5 but has never really had much of a relationship with him due to the mother, or would the fact that they have gone so long without any question and he have to keep this up?
     
  5. AllForHer

    AllForHer Well-Known Member

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    So, has your partner already been to Court about the child in question? What was the outcome? Why didn't he get an order for parentage done as part of the original proceedings?
     
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  6. EmmaN

    EmmaN Well-Known Member

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    he has, and the mother lied through court within her affidavit and he was supposed to appear via phone conference as the court was held in nsw but there was no phone call, he didnt get a chance to prove her lies wrong and was just sent the papers saying she had full custody and he can have 2 phone calls a week.

    fast forward 1 year, he and i split and she was fine for him to have the child whenever he wanted as long as he spent time with her aswell, without telling the courts anything.
    fast forward another year, he and i have worked everything out for our child and family but she has cut off contact and wont allow him to see the child unless she needs a baby sitter.

    the dna question is coming out now as there have always been doubts as she had slept with his bestfriend and his brother in law within a few days of eachother at 14, but now thr child is growing up and isnt looking anything like the father, and looks nothing like anyone else in the family, and he wants his doubts settled as she tried to say my child wasnt his but that's been proven.
     
  7. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

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    Look at? Often, but not always and not automatically. Courts look at all evidence with a critical eye.
    He would not be required to pay for a child that is not his. As to questions of visiting and residence, that's a much more complex question. Take a little comfort from knowing that the Family Court see this scenario often, and will handle it just fine.
    You should always tell your lawyer everything.
    As a general position, exceptions excepted, and ifs, buts, and maybes not allowed for, people are not required to pay Child Support for children that are not theirs.
     
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  8. Migz

    Migz Well-Known Member

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    EmmaN... tell your partner to stop stuffing around, and jump online and order a Father Child kit from EasyDNA, they to are based in Queensland, it will set him back $300 to $400 and then it's done and you have piece of mind, its just a swabbing of the mouth of both parties then post it back off for testing. I bet he is shelling out more than $300 bucks a month in C.S.
     
  9. EmmaN

    EmmaN Well-Known Member

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    we would have it done by now but he isnt allowed to see the child unless the mother has something on and needs a sitter. we were trying to make sure the courts will actually look at it as we were told because the child is nearly 5 and that he has recognised he is the father without paternity that they will make him continue to pay even though there is no relationship there. hoping we will be offered Christmas to get the testing done on our part and see what the outcome is
     
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