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DNA testing in Court: The question of a child’s paternity is a matter that commonly arises in Family Law disputes. Refusing to participate in a court ordered DNA test is held to be a deemed failure of the test that results in a finding that the man is the father. While a simple DNA test […]
DNA testing in Court: The question of a child’s paternity is a matter that commonly arises in Family Law disputes. Refusing to participate in a court ordered DNA test is held to be a deemed failure of the test that results in a finding that the man is the father.
While a simple DNA test can shed light on the identity of a child’s biological father, there are of course other issues that need to be considered, including the payment of child support to the child’s mother.
If you discover that you have paid child support to a mother, and have subsequently found out that you are not the child’s biological father, the law allows you to apply to the Court for the child’s mother to repay those child support payments to you.
The first step will be obtaining a Court approved paternity test to show that you are not the biological father of the child. If you are unable to carry out a paternity test, this does not prevent you from making an application to the Court, however, you will then need to ask the Court to make an order that the paternity test is carried out.
If you can obtain the necessary DNA sample and it is confirmed that you are not the biological parent, you will then need to urgently apply for an order for a declaration that you should not be assessed in respect of the costs of the child, and also a repayment order for any child support paid to date.
When considering your application, there are a number of factors the Court will take into account, such as:
As soon as you become aware that you may not be the biological father of the child, it is imperative that you seek legal advice and take steps as a matter of urgency. Ultimately, learning as much as you can about court ordered DNA test helps you to follow the required steps appropriately.
These types of applications can be complex in nature. If you are contemplating making an application, or have concerns about someone else bringing an application against you, we strongly recommend that you seek legal advice. Our Brisbane Family Law team at Aylward Game Solicitors has experience in matters of this nature. We offer free 20-minute telephone consultations and invite you to call our office at any time on 1800 217 217.
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