When Will the Family Court Make an Order for Paternity Testing?

When will the Family Court make an order for paternity testing?

If you are considering making an application to the Family Court for paternity testing you must have evidence what causes the parentage of a child to be in doubt.  Such evidence may include; the timing of conception or appearance of the child.

The Family Court can order a DNA test to confirm the parentage of a child. It is of significance for a child to know their origins for identity and medical reasons.

It is presumed in the absence of a conclusive parentage test you are a parent of the child if one of the following applies:

1. Your name is on the child’s Birth Certificate;
2. You have sworn a Statutory Declaration that you are the parent of the child;
3. You were married to the other parent at the time the child was conceived;
4. A Court has made an Order that you are the parent of the child; or
5. You and the other parent were living together at any time from 44 weeks to 20 weeks before the birth of the child.

A conclusive parentage test rebuts the above presumptions that you are the parent of the child, for example, a conclusive parentage test allows you to be removed from a child’s birth certificate.

When will the Family Court make an order for paternity testing?

What is involved in parentage testing?

You, the child and the other parent (if ordered) must attend an accredited laboratory for DNA collection.

Once a parentage test is received into evidence that concludes you are not the parent of the child, the Court is able to make a declaration that you are not the parent of the child for purposes of Commonwealth legislation, including Child Support.

Can you claim back any child support paid under false pretences?

Yes. However, there are limitation periods and conditions.

Should you require any assistance with seeking orders from the Court in relation to parenting issues and/or parentage of a child or any other assistance, please contact our friendly team here at Watts McCray Lawyers.