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I recently gave birth to mine and my ex partners 3rd child. He, however, flat out denies the baby is his.

I've asked him to get DNA tests done. His reply was he was organising it.

I'm wondering what I need to do in order to get a test done legally? I don't really want to do one of those at home tests as I have no faith that the father would do it correctly. I would agree if it was organised so that a doctor supervised the actual swab part.

I've been told to name him to CSA, but they won't accept the claim or even consider it because he refuses to sign the birth certificate or a stat dec.
I should point out that he doesn't pay CS at this stage due to the care levels of our other children so recieving CS from him is not my motivation.

Also if it helps, we weren't together when the baby was concieved. We weren't living together. We had actually been separated for over 6 months at that stage. And yes, I know without any doubt what so ever he is the father. Which is why I'm so willing to get a test done asap. He's missing out on his child (his doing due to his belief the baby is not his) and that's not fair on either of them considering you can never get that time back.

Also with his comment about him organising it. Is he possibly telling the truth there? Can he apply to whomever necessary to get a test done? The only reason I ask is, I don't know whether to wait in order for him to organise it or whether I should apply to get it done. With that said, who do I actually go to in order to apply?

Thanks in advance.
I wrote an article on DNA Parentage testing. Rather than repost it, you can read it on the following link:

[And please moderators don't remove my post because of the link!!!]

http://www.thefamilylawdirectory.com.au/article/dna-paternity-testing.html

You said
I've been told to name him to CSA, but they won't accept the claim or even consider it because he refuses to sign the birth certificate or a stat dec.

CSA should have no problem accepting him as the father! I presume you were living together prior to the birth? Don't you have other children with him? Do your circumstances do not met the criteria set down by CSA? If so, the onus is on him to prove that he isn't the father, not for you to prove he isn't!

CSA's presumption of parentage is as follows:

* are named on the child's birth certificate;
* were married and the child was born during the marriage to one of the parties to the marriage;
* cohabited with the mother during the presumed period of conception;
* legally adopted the child;
* signed a statutory declaration acknowledging they are the parent; or
* have a court order which states they are the parent.

You could always do a 'peace-of-mind' dna test by sending in a sample of his hair. Not valid for evidentairy purposes but at least you would know. Or get a swab from him and send it in.

Last edit: by 4mydaughter


4MYDAUGHTER

Paternity

BubbRay

  • There may be other ways to satisfy the CSA's specific requirements for 'proof of parentage' - if you can do that without obtaining a Family Court Order then that is great.
  • However, without Dad's sworn Declaration, consent to amend the Birth Certificate or sudden change of heart, how are you going to prove parentage to the other 100 Statutory and Government Departments you and your new child will come into contact with throughout your lifetimes. Unless your only concern is to ensure Dad pays child support, this is an issue you need to put to bed now.
  • Unless Dad is willing to consent to a paternity test, you will need to file a Form 1 Application (and Form 2) with the Family Court seeking orders simular to the following:

- That within X days of the making of these Orders, the F shall attend Facility X for the purposes of undergoing a paternity test in relation to the child C.
- That upon attedance at Facility X, the F shall do all acts and sign all documents as may be required to provide useable sample(s) of his DNA for the purposes of dermining his parentage of child C.
- That the F shall be restrained and an injunction granted restraining him from interferring with and/or underminnig the intergrity of the DNA testing process.
- That, in the event that F is confirmed as the Father of child C, the Father shall pay the total costs of and incidental to the DNA testing and the Applicant's legal fees on an indemnity basis and shall do all acts and sign all documents as may be required to amend child C's Birth Certificate such that he is named as the Father of child C.
- That in the event that F is confirmed not to be the Father of child C, the Mother shall pay the total costs of and incidental to the DNA testing and the parties shall bear their own costs.

Like all initiating Application re children's issues, you will also need to file a Client Information Form.

You should also think about filing the Form 1 with a Form 2 (Application in a Case) so that you can have your matter heard on an interim basis and obtain leave to file an Affidavit - the Affidavit should have info re your reltionship and evidence supporting the fact that Dad is the Father of Child.

With the issue cleared up and Dad confirmed as the child's Father in Court Orders, the issue is done and dusted and all parties, particularly the child in later life, will have the closure they deserve.

Hope the above helps.

- Zer0ne -
Just one question have CSA given you a denied letter for child support against your ex partner?  If they have you are entitled to apply for legal aid to prove proof of paternity of the child.
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