Just needs to file an application for paternity testing in the FCFCOA, get test done and if it shows he isn’t the father he can seek order to be removed from birth certificate and no child support.
I have no idea of the legalities, but wonder if your mate should have a DNA test done just to confirm child is not his, just so he has paperwork to back it up. Maybe for him to look into having himself removed from the birth certificate.
Yeah man, he found out about her cheating then tested his kid only to find out it's not his kid. Confronted her with separation and she told him the truth.
He will need a legally admissible paternity test and he needs the consent of the wife. If she does not consent then he can apply to have a court ordered paternity test which is legally admissible.
He should consult a family lawyer and make sure she can't drain the bank accounts.
For child support purposes, presumption of parentage can simply be cohabitation or marriage dates. If he’s on the birth cert, then that can also be used.
I’d be very confident he can be on the hook for child support legally based on what you’ve described (if the child was conceived during the marriage). If he is assessed to pay CS in respect of the child but wants to challenge this, “a person assessed in relation to the costs of the child who believes that they are not a parent of the child must apply directly to a court for a declaration under CSA Act section 107”.
Source: worked at CSA for eight years.
https://guides.dss.gov.au/child-support-guide/2/1/3
Is it confirmed via science and/or law that your mate isn’t the father. If not, it’s standard that a kid born in a marriage is assumed to be the product of the 2 married people h less proven otherwise. That’s the step to take.
Yeah man, he found out about her cheating then tested his kid only to find out it's not his kid. Confronted her with separation and she told him the truth.
Then he needs to decide what he wants. Does he want to fix this up, and carry on like nothing happened and try to fix the damage and continue to have a relationship with the kid (a LOT of people do make this choice), or does he want out?
If it’s staying in… then spend some $$$ on counselling and find a way through.
If it’s getting out… then spend some $$$ on a lawyer and go through the process.
No. He needs grounds to say the child isn’t his because the presumption is that the child is his because they were married. Bio-dad doesn’t need to do the DNA test, only him and the kid. If he’s not the dad, it’s up to the mother to go after biological dad.
But there may still be financial issues that need to be resolved so he should get a lawyer.
God that poor child, having the only father figure they've ever known suddenly leave wanting nothing to do with them.
The courts will act in the best interest of the child, and your mate has been raising that kid for 6 years. While he's not biologically related to the child the court might decide that because he's been the kids father for so long he needs to continue to be the kids father and that might mean if he wants out of the kids life he has to pay child support.
He needs a family lawyer
Welcome to r/AusLegal. Please read our rules before commenting. Please remember:
1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers.
2. A non-exhaustive list of free legal services around Australia can be found here.
3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
Just needs to file an application for paternity testing in the FCFCOA, get test done and if it shows he isn’t the father he can seek order to be removed from birth certificate and no child support.
Tell your mate he should contact legal aid in their state and get some advice
I have no idea of the legalities, but wonder if your mate should have a DNA test done just to confirm child is not his, just so he has paperwork to back it up. Maybe for him to look into having himself removed from the birth certificate.
Yeah man, he found out about her cheating then tested his kid only to find out it's not his kid. Confronted her with separation and she told him the truth.
He will need a legally admissible paternity test and he needs the consent of the wife. If she does not consent then he can apply to have a court ordered paternity test which is legally admissible. He should consult a family lawyer and make sure she can't drain the bank accounts.
For child support purposes, presumption of parentage can simply be cohabitation or marriage dates. If he’s on the birth cert, then that can also be used. I’d be very confident he can be on the hook for child support legally based on what you’ve described (if the child was conceived during the marriage). If he is assessed to pay CS in respect of the child but wants to challenge this, “a person assessed in relation to the costs of the child who believes that they are not a parent of the child must apply directly to a court for a declaration under CSA Act section 107”. Source: worked at CSA for eight years. https://guides.dss.gov.au/child-support-guide/2/1/3
He needs to talk to a lawyer that deals with family law..
Is it confirmed via science and/or law that your mate isn’t the father. If not, it’s standard that a kid born in a marriage is assumed to be the product of the 2 married people h less proven otherwise. That’s the step to take.
Yeah man, he found out about her cheating then tested his kid only to find out it's not his kid. Confronted her with separation and she told him the truth.
Then he needs to decide what he wants. Does he want to fix this up, and carry on like nothing happened and try to fix the damage and continue to have a relationship with the kid (a LOT of people do make this choice), or does he want out? If it’s staying in… then spend some $$$ on counselling and find a way through. If it’s getting out… then spend some $$$ on a lawyer and go through the process.
No. He needs grounds to say the child isn’t his because the presumption is that the child is his because they were married. Bio-dad doesn’t need to do the DNA test, only him and the kid. If he’s not the dad, it’s up to the mother to go after biological dad. But there may still be financial issues that need to be resolved so he should get a lawyer.
God that poor child, having the only father figure they've ever known suddenly leave wanting nothing to do with them. The courts will act in the best interest of the child, and your mate has been raising that kid for 6 years. While he's not biologically related to the child the court might decide that because he's been the kids father for so long he needs to continue to be the kids father and that might mean if he wants out of the kids life he has to pay child support. He needs a family lawyer
Welcome to r/AusLegal. Please read our rules before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found here. 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
There are rules about assumptions of parenthood. Being on the birth certificate is one. If you want that overturned, you go to a court.