What can you do if you think you are a parent of a child, but the other parent does not agree? Or if someone is telling you they think you are a parent of a child, but you do not think you are? These situations can be incredibly stressful for everyone involved, especially if one person asks the other to take a parentage test – and the request is refused.
When parentage of a child is an issue in a family law matter, the Court does have the power in certain circumstances to make orders requiring that a person undertake parentage testing. That power is not just limited to asking potential fathers to take a test, the Court can also order essentially any person that it believes will assist in determining the parentage of a child to take a test, including the mother and other relatives of the child
Parentage testing is only appropriate in cases where the person asking for the test has an honest and reasonable belief to doubt the assumptions about paternity, and where there is evidence that places doubt on the parentage of that child. The Court cannot make the order just to satisfy the doubts of a parent. There must be more than a mere suspicion that a person is not that child’s parent, and what evidence is necessary to satisfy it is appropriate to make parentage testing orders will depend on the circumstances of each case.
The Family Law Act 1975 has very specific provisions dealing with the procedures that must be followed, the kind of reports that are permitted, and how they are admitted into evidence. It is a technical area of law. If you find yourself in a situation where you might want to take a test, or someone is asking you to, it is important that you seek advice from a specialist family lawyer.
If you would like to discuss your matter and how we can assist you, contact us today on (02) 6225 7040 or by email on info@rmfamilylaw.com.au or get started now online.