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Here is a breif outline of the situation:

A child is a result of a one night stand. Not until after the baby is born is the father told about the pregnancy. The father lives interstate (4 hours away atleast). The mother tells him she doesn't want child support (as she says she gets enough from Centrelink). He visits the child when it is 1year, 2years and then 2 and a half before coming to terms with the situation and getting a dna test to confirm and wanting to be part of the childs life. Now has been receiving violent threats from the mothers new partner saying he will show the child how weak her real dad is and 'smash his face in' each time the child is handed over and threats of demanding child support and back pay simply for the sake of ruining his life. We assume he is on the birth certificate, as he did not sign the birth registration, but it stated that if no response was received then paternity would be presumed and would go on the birth certificate.

questions:
what is the worst they could do to 'ruin his life'? must he pay backpay from the day the child was born?
if he wanted contact with the child, how much is he entitled to? 50/50? less?
since the mother is living off centrelink money, would she get more or less money from childsupport?
what would an intervention order do? could we get one for the threats from the new boyfriend? would it help in gaining access to the child?

I have so many questions and I can't think of most of them now. Thanks for any help.
Dingo said
…. Now has been receiving violent threats from the mothers new partner saying he will show the child how weak her real dad is and 'smash his face in' each time the child is handed over and threats of demanding child support and back pay simply for the sake of ruining his life.
File with the Police for an AVO. Threats of violence are completely unacceptable.
Dingo said
…Must he pay backpay from the day the child was born?
Child Support can go back in arrears. The CSA formula is through the calculators either on the site here or at CSA and uses both parents incomes to determine the amount.
Dingo said
if he wanted contact with the child, how much is he entitled to? 50/50? less?
He is not entitled to any. He would work out a sensible arrangement with the mother , failing that apply for mediation at an FRC to get a fair and reasonable result. Failing that using the 60I certificate and filing a court application. Spend some time doing searches in forum topics related to this as many questions will be answered. There are around 40 thousand topics to search on.

Executive Secretary - Shared Parenting Council of Australia
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@ Dingo…

I recommend that you get the father to post on here directly rather than seeking information on behalf of him.

There's a lot more going on here than you've put in your post.

Re the DNA test - Am I correct in saying that the DNA test was conducted as a result of the father challenging a CSA assessment?

If so, the father is liable to pay all he child support from the date the assessment was made. When a mother receive a single parent pension and tax benefit A and B, Centrelink takes action to ensure the father pays child support - irrespective of what the mother says.

what would an intervention order do? could we get one for the threats from the new boyfriend? would it help in gaining access to the child?

IO's and parenting arrangements are separate issues. An IO wouldn't assist in gaining 'access'. It may hinder matters somewhat.

If the father has a genuine fear for his safety then he should get an IO. Otherwise he could just ignore it. In my experience people who make threats aren't people you should worry about - but then again I'm 6'3 ex rugby player and threats of violence don't bother me.

At the very least - I'd report the threats to the Police so they are 'on record' but not seek that they acquire an IO for his protection. The idea being that you are creating an 'evidence trial' should matters evolve into family law proceedings.

I'd also avoid ALL contact with the mother's partner and if I was unable to avoid contact - I'd ensure that a third party was with me during any contact with the mother's partner - and I'd have my cell phone with voice record running.

if he wanted contact with the child, how much is he entitled to? 50/50? less?

Re above, as SPCA correctly points out, parents aren't 'entitled' to anything - but children are. The terms 'access' and 'custody' are 'dead, buried and cremated'. You may find the article on this link helpful.

Best Interests of the Child - Section 60






4MYDAUGHTER
C$A can assess from the birth of the child, however if it is a private collect case (payer paying payee direct) C$A can only collect when the payee requests C$A to start collecting and they can only go back three months. For the period from the birth of the child to the date the C$A has collected the payee can file for an enforcement order with the court to collect.
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